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PUTUSAN PENGADILAN TENTANG PENYALAHGUNAAN WEWENANG DALAM TINDAK PIDANA KORUPSI Nur Basuki Minarno
Perspektif Vol 12, No 2 (2007): Edisi Mei
Publisher : Institute for Research and Community Services (LPPM) of Wijaya Kusuma Surabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/perspektif.v12i2.385

From this research, it is found out that firstly the concept of power belongs to the regime of Administrative Law To prove the element of misuse of power therefore, it is necessary apply legal concept under Administrative Law regime. In practice, however to determine whether there is an element of misuse of power court relies upon principle of reasonableness and carefulness as a parameter that are only suitable to determine materially unlawful act. Doing as such, the court mixes up two parameters of different legal regimes in determining the element of misuse of power What court does is obviously incorrect because misuse of power is always intentionally carried out. Power is given due to certain purpose. lf the power is exerted for other than its purpose, this may be deemed as misuse of power Such principle is called principle of speciality Law given power is specified bylaw On the other hand, discretionary power is general principles of good administration based on the purpose.

PUTUSAN PENGADILAN TENTANG MELAWAN HUKUM DALAM TINDAK PIDANA KORUPSI Nur Basuki Minarno
Perspektif Vol 12, No 3 (2007): Edisi September
Publisher : Institute for Research and Community Services (LPPM) of Wijaya Kusuma Surabaya University

From this research, it is found out that firstly the concept of power belongs to the regime of Administrative Law To prove the element of misuse of power therefore, it is necessary apply legal concept under Administrative Law regime. In practice, however to determine whether there is an element of misuse of power court relies upon principle of reasonableness and carefulness as a parameter that are only suitable to determine materially unlawful act. Doing as such, the court mixes up two parameters of different legal regimes in determine the element of misuse of power.

PEMBUKTIAN UNSUR PENYALAHGUNAAN WEWENANG DALAM TINDAK PIDANA KORUPSI Nur Basuki Minarno
Perspektif Vol 12, No 1 (2007): Edisi Januari
Publisher : Institute for Research and Community Services (LPPM) of Wijaya Kusuma Surabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/perspektif.v12i1.363

To prove the element of misuse of power therefore, it is necessary apply legal concept under Administrative Law regime. in practice, however to determine whether there is an element of misuse of power, court relies upon principle of reasonableness and carefulness as a parameter that are only suitable to determine materially unlawful act. Doing as such, the court mixes up two parameters of different legal regimes in determining the element of misuse of power What court does is obviously incorrect because misuse of power is always intentionally carried out. Power is given due to certain purpose. If the power is exerted for other than its purpose, this may be deemed as misuse of power. Such principle is called principle of speciality Law given power is specified by law. On the other hand, discretionary power is general principles of good administration based on the purpose.

Authorities of Preparation and Hospitality of Applications for Post-Conditions Post-Decision of Constitutional Court Nur Basuki Minarno
Yuridika Vol. 35 No. 1 (2020): Volume 35 No 1 January 2020
Publisher : Universitas Airlangga

The objective of Pre-Trial is basically to provide justice rights protection from abuse of power and the arbitrary actions of law enforcement officers. Pre-Trial is as the guard for the realization of due process of law. Hence, its authority is not limited to Article 77 of the Criminal Law Procedural Code and the decision of Constitutional Court No.21/PUU-XII/2014. The dismissal of Pre-Trial appeal as provided for in article 82 paragraph (1) sub-paragraph d of the Criminal Law Procedural Code and the decision of the Constitutional Court No.102/PUU-XII/2015 do not have a sufficient rational basis. Pre-Trial and principal case examination should not terminate each other. Conversely, the result of Pre-Trial will be used as a reference to analyze whether evidence used in the principal case examination is conducted properly or not. Thus, when a Pre-Trial examination is underway, the chief of a judge of the district court must adjourn the principal review of his case.

The Community Empowerment Policy to Lead A Clean and Healthy Life in Indonesia Rr. Herini Siti Aisyah; M. Hadi Shubhan; Nur Basuki Minarno; Siswanto Siswanto; Sudarsono Sudarsono; Siswandi Hendarta; Raissa Virgy Rianda; Rama Azalix Rianda; Ahmad Munir; Heru Irianto
Sriwijaya Law Review Volume 7, Issue 1 January 2023
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol7.Iss1.1367.pp173-188

Clean and Healthy Living Behavior (CHLB) is influenced by some factors such as knowledge, attitudes, economic status, and supports from health and social officers. Increasing the knowledge of CHLB in the household structure is very important. The regulation on Health Development Program concerns the guidelines for implementing healthy Indonesian programs with a family approach. Several obstacles involved the queue of patients, doctors, installation and emergency room, and working hours. This study aims to examine community empowerment policies for clean and healthy living behaviours, which are expected to be a solution to restrictions on several aspects of health facilities, increasing population and demands better service quality. The research method uses a socio-legal qualitative approach. Supporting Legal is collected. Field research is also conducted. In-depth interviews and FGDs carried out data collection. This study concludes that community empowerment is carried out using an educational approach involving community and religious leaders. Community empowerment aims to develop community knowledge and skills, use health facilities, and create health institutions that originate from the community. Critical awareness must be built by forming a Clean and Healthy Community Movement group to give the community a CHLB. Empowering people to live clean and healthy lives takes a long time and consistently. For this reason, there is a need for legal instruments that must be enforced strictly and with wisdom.

Perluasan Kewenangan dan Penegakan Hukum Praperadilan di Indonesia dan Belanda Kripsiaji, Dinar; Minarno, Nur Basuki
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 10 No. 1 (2022): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/al-mazaahib.v10i1.2573

This article examines the expansion of pretrial authority based on the Constitutional Court Decision Number 21/PUU-XII/2014, which focuses on the philosophy of pretrial in the context of the protection of human rights and the comparison of pretrial enforcement in Indonesia and the Netherlands. This article is qualitative research by utilizing data sourced from the library (library research), this article uses several approaches, they are: legal approach, case approach, comparative approach and conceptual approach. The decision of the Constitutional Court Number 21/PUU-XII/2014 is expected to bring hope, but there are still many problems that have occurred and have caused criticism. This post-decision pretrial was made with a more concrete formulation in the Draft Criminal Procedure Code and prioritized the interests of the suspect. This control effort emphasizes the principle of balance in the protection of human rights for suspects. This article concludes that the Constitutional Court Decision Number: 21/PUU-XII/2014 is expected to provide optimism, although there are still many obstacles that arise. As a recommendation, the House of Representative is expected to be able to draw up regulations regarding the expansion of pretrial authority at the investigation stage. Based on this, an integrated criminal justice system is needed and pretrial is still used in the draft KUHAP with a more explicit formulation that prioritizes the interests of the suspect.

Inconsistency in the Formulation of Article 2 and Article 3 of Law No. 31 of Corrupt Practices Eradication Law and Disparity in Criminal Penalty for Mining Corruption in the Practice of Law Enforcement Suastuti, Eny; Minarno, Nur Basuki; Sufyan, Akhmad Farid Mawardi; Poernomo, Gatoet
Journal of Law and Legal Reform Vol. 6 No. 3 (2025): July, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i3.19111

This research discusses the transformation of understanding and law enforcement of the elements of Article 2 and Article 3 of the Corruption Eradication Law. The element against the law is Article 2 of the Corruption Eradication Law. In contrast, the element of abuse of authority is the core of the offense in Article 3 of the Corruption Eradication Law. Thus, it is inappropriate to indict the perpetrators of mining corruption with an alternative form of indictment between Article 2 and Article 3 of the Corruption Eradication Law. Inconsistencies in formulating the elements of the offense and the parameters of the article have resulted in disparities in punishment, errors in assessing the existence of abuse of authority by using unlawful parameters and mixing the application of the two articles. This can be viewed in several Supreme Court Decisions in mining corruption cases, where the elements and subjects of the offense are interchangeable. This research aims to study the inconsistent formulation of the elements of the offense in Article 2 and Article 3 of the Corruption Eradication Law, which has led to disparities in punishment in mining corruption cases. This study is conducted by analyzing several Supreme Court Jurisprudence. This research employs normative research with a statutory approach, concept approach, and case approach. The results of this study aim to provide a recommendation on the concept of against the law and abuse of authority in the Corruption Eradication Law.

Stepping Forward Toward Uniform Sentencing Guidelines for Corporate Criminal Liability: A Theoretical and Practical Legal Review Dwiarso Budi Santiarto; Maradona; Nur Basuki Minarno
Yuridika Vol. 41 No. 2 (2026): Volume 41 No 2, May 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v41i2.76003

The increasing complexity and frequency of corporate crimes in Indonesia has led to a paradigm shift in the national legal system. The absence of sentencing guidelines for corporate crimes has created a legal vacuum, making current regulations inadequate to ensure the consistent and fair imposition of sanctions. Normatively, the recognition that corporations can be held criminally liable is reflected in various regulations, including Code No. 1/2023 and several other sectoral laws governing specific criminal acts. The urgency of developing corporate sentencing guidelines in Indonesia lies in the need to eliminate disparity and legal uncertainty, which otherwise undermines justice for society. The corporate sentencing model must be based on a structured and measurable assessment system, taking into account both objective and subjective variables as stipulated in Article 56 of Code No. 1/2023. This system can be used to assess the degree of fault, the impact of the offense, the role of corporate executives, and the corporation’s attitude during legal proceedings. Furthermore, it can also serve as a reference in determining the criminal threat and the maximum limit of fine categories. Consequently, judges must, going forward, carefully consider whether to impose a criminal penalty or a legal action (choosing one, not both) as a means of protecting society by promoting uniformity and eliminating unwarranted sentencing disparity.

The Community Empowerment Policy to Lead A Clean and Healthy Life in Indonesia Rr. Herini Siti Aisyah; M. Hadi Shubhan; Nur Basuki Minarno; Siswanto Siswanto; Sudarsono Sudarsono; Siswandi Hendarta; Raissa Virgy Rianda; Rama Azalix Rianda; Ahmad Munir; Heru Irianto
Sriwijaya Law Review Volume 7, Issue 1 January 2023
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol7.Iss1.1367.pp173-188

Clean and Healthy Living Behavior (CHLB) is influenced by some factors such as knowledge, attitudes, economic status, and supports from health and social officers. Increasing the knowledge of CHLB in the household structure is very important. The regulation on Health Development Program concerns the guidelines for implementing healthy Indonesian programs with a family approach. Several obstacles involved the queue of patients, doctors, installation and emergency room, and working hours. This study aims to examine community empowerment policies for clean and healthy living behaviours, which are expected to be a solution to restrictions on several aspects of health facilities, increasing population and demands better service quality. The research method uses a socio-legal qualitative approach. Supporting Legal is collected. Field research is also conducted. In-depth interviews and FGDs carried out data collection. This study concludes that community empowerment is carried out using an educational approach involving community and religious leaders. Community empowerment aims to develop community knowledge and skills, use health facilities, and create health institutions that originate from the community. Critical awareness must be built by forming a Clean and Healthy Community Movement group to give the community a CHLB. Empowering people to live clean and healthy lives takes a long time and consistently. For this reason, there is a need for legal instruments that must be enforced strictly and with wisdom.

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