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All Journal AMANNA GAPPA Nagari Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Abdi Insani Jurnal Layanan Masyarakat (Journal of Public Service)
Taufik Rachman
Departemen Hukum Pidana Fakultas Hukum Universitas Airlangga, Surabaya
Agriculture, Biological Sciences & Forestry Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Konstruksi Hukum Perdagangan Pengaruh (Trading in Influence) dalam Tindak Pidana Korupsi Muhammad Fadhil; Taufik Rachman; Ahsan Yunus
Amanna Gappa VOLUME 30 NOMOR 1, 2022
Publisher : Fakultas Hukum Universitas Hasanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Penelitian ini bertujuan untuk mengetahui dan menganalisis bentuk formulasi hukum perdagangan pengaruh (trading influence) sebagai tindak pidana korupsi di masa mendatang (ius constituendum). Penelitian ini merupakan penelitian yuridis normatif dengan menggunakan pendekatan perundang-undangan (statute), pendekatan kasus, dan pendekatan konseptual. Hasil penelitian menunjukkan bahwa tidak adanya pengaturan perihal Trading in Influence ini sangat dilematis, mengingat belum ada ketentuan pemidanaan dalam hukum nasional terkait perbuatan Trading in Influence. Di sisi lain guna menjunjung tinggi asas legalitas, maka kepastian hukum dalam suatu negara adalah adanya ketegasan tentang berlakunya suatu aturan hukum (Lex-Certa). Namun sembari menunggu revisi Undang-Undang Pemberantasan Tindak Pidana Korupsi, tindakan yang memenuhi rumusan Trading in Influence ini tidak dapat luput begitu saja dari pemidanaan. Ketentuan pasal penyalahgunaan wewenang, suap-menyuap maupun gratifikasi membuka peluang bagi para penegak hukum untuk menjerat pelaku Trading in Influence. Sebab, hanya perlu dibuktikan bahwa penerima Trading in Influence memang merupakan penyelenggara negara atau yang memiliki suatu wewenang orang yang telah menerima uang serta janji, dan yang menurut pemberi uang tersebut. Selain itu, Penegak Hukum dapat menjadikan Trading in Influence sebagai modus operandi dalam perbuatan korupsi.
ATTEMPTS TO IMPROVE HOSPITAL PREPAREDNESS IN DEALING WITH THE COVID-19 PANDEMIC Inge Dhamanti; Ida Nurhaida; Taufik Rachman; Rosediani Muhamad
Jurnal Layanan Masyarakat (Journal of Public Services) Vol. 6 No. 1 (2022): JURNAL LAYANAN MASYARAKAT
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/jlm.v6i1.2022.9-14

Abstract

The rapid development of the corona virus has caused many positive cases to be confirmed both globally and nationally. The development of COVID-19 cases that continues to grow requires every hospital to always strive to improve hospital preparedness. One of the tools that can be used to improve hospital preparedness is the Rapid Hospital Readiness Checklist developed by WHO. Based on the background of this community service activity, it aims to assist hospitals in conducting self-assessment through the development of applications related to hospital preparedness in the face of the COVID-19 pandemic. This community service method is divided into two, namely, Focus Group Discussion (FGD) which aims to obtain information needed for application development and socialization which aims to practice application use. The presence of this application was welcomed by hospitals and related service units because it can help make it easier to fill out a checklist related to hospital preparedness. So with this application, it is hoped that it can help hospitals and stakeholders in efforts to improve hospital preparedness.
UPAYA MANAJEMEN KEPOLISIAN DALAM PENANGANAN TINDAK PIDANA KEJAHATAN DENGAN MODUS PERAMPASAN SECARA PAKSA Made Ayudina Sancitami Prakasa; Taufik Rachman
Jurnal Abdi Insani Vol 9 No 2 (2022): Jurnal Abdi Insani
Publisher : Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/abdiinsani.v9i2.587

Abstract

People who lack skills, low education and economic conditions have a tendency to get money in any way, one of which is committing the crime of theft. Surabaya is one of the cities whose community activities never stop so that it can trigger acts of theft by criminals. The rise of incidents of theft with violence at this time has become a concern for the police to maintain order and public comfort. Theft accompanied by violence is regulated in Article 365 paragraph (1) of the Criminal Code. The purpose of this study is to provide an overview of violent theft and invite the public to actively participate in preventing and eradicating all modes of theft. The results are expected to be useful for making appropriate policies in suppressing violent theft. This research consists of 2 stages, the first stage is a descriptive study with a qualitative method by analyzing primary data from the Surabaya Police Criminal Investigation Unit. The second stage is the formulation of a solution as a police management effort in handling criminal acts of crime with the mode of forcible confiscation. The result is that this modus operandi of confiscation has become a "favorite" for criminals because it is considered faster and easier. The threat mode and fast movement make the victim unaware of the theft event, making it easier for the perpetrator to immediately escape. Countermeasures by Polrestabes Surabaya through preventive and repressive measures. The conclusion is that the police management invites the community to take part in protecting and securing themselves and their environment.
Menakar Makna Merugikan Perekonomian Negara Dalam Undang-Undang Tipikor Taufik Rachman; Lucky Raspati
Nagari Law Review Vol 4 No 2 (2021): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.4.i.2.p.225-238.2021

Abstract

One of the important elements to determine the existence of corruption is the loss of state finances or economic losses of the state. For the latter, the meaning of state economic losses is very rarely used because of the pros and cons in law enforcement practices. For those who are against the loss of the state economy in the crime of corruption argues that the element of aquo is not clear so it is very prone to be misused so contrary to the principle of legality. The basis of his thinking, simply by determining the existence of state financial losses, there is no need to prove the economic loss of the country. For those who are pro will need to prove the loss of the state economy in the case of corruption mentioned that this element needs to be proven as an alternative to determine the adverse consequences of corruption on the country's economy. This paper discusses the parameters used to measure the meaning of "state economic loss" in applying Article 2 and Article 3 of the Tipikor Law. The way to measure aquo losses is to use two stage evaluations, namely the first to determine material losses resulting from illegal acts (PMH) and the second to determine whether the object is directly related to the country's economy. The legal consequences of material losses resulting from PMH in corruption crimes do not always exist to the state's economic losses. If the state's economic losses are considered to exist then the financial losses of the state must exist
Execution of State Seized Property Based on Corruption Conviction Court Decisions Later Burdened with Bank Liens Abvianto Syaifullah; Didik Endro Purwoleksono; Taufik Rachman
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.4411

Abstract

One of the elements in the crime of corruption is the loss of state finances or the state economy, so that this element is the background for the formation of legislation regarding corruption crimes, both the old regulation, namely Law Number 3 of 1971 and the new regulation, namely Law Number 31 of 1999 concerning Eradication of Corruption Crimes as amended by Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crimes which establishes a policy that state financial losses must be returned or replaced by the perpetrators of corruption (asset recovery). When the goods confiscated by the state are free or not encumbered by property guarantees, they can be directly executed by the Prosecutor in accordance with statutory provisions, but legal problems occur when the assets confiscated by the state turn out to be later encumbered by Mortgage Rights by the Bank/creditor after a court decision which in its verdict is "confiscated by the state" because the investigator does not apply for recording of criminal confiscation to the local State Land Agency. This type of research is normative or doctrinal research using a statutory approach and an asset forfeiture concept approach. The results of the research are that the Investigator is obliged to apply for the recording of criminal confiscation to the local State Land Agency regarding the object of the confiscated land, this aims to prevent it from being transferred to other parties or encumbered by Mortgage Rights. The need for the immediate enactment of the Asset Forfeiture Bill in order to recover state losses by perpetrators of corruption through in rem asset forfeiture so that assets that have been transferred or transferred by the perpetrator to other parties can still be confiscated by the state as a decision that has been legally binding (inkrah).
The Existence of Pretrial Institutions In The Enforcement Of Criminal Law Ko Triskie Narendra; Didik Endro Purwoleksono; Taufik Rachman
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.4927

Abstract

Milestone Born Based on the Constitutional Court Decision: 21/PUU-XII/2014 dated April 28, 2015, the authority of the Pretrial institution has increased by conducting an examination of the Investigator's actions in issuing a letter of determination of suspects, searches, and seizures coupled with the legality or absence of arrest and/or detention, termination of investigation or termination of prosecution upon request for the upholding of law and justice, and requests for compensation or rehabilitation. In legal practice, there are several Decisions that do not reflect the implementation of criminal procedure law in accordance with the scope of pretrial and create new authority in pretrial.The norms of authority in the Criminal Procedure Code provide limitations/limitations that cannot be deviated by law enforcement, if law enforcement exercises its authority not based on laws and regulations, then law enforcement actions can be categorized as unlawful acts. Based on Article 24C paragraph 1 of the Constitution of the Republic of Indonesia of 1945 (third amendment), the Constitutional Court is a high state institution within the scope of judicial power (judicial) and the authority of the Constitutional Court is one of which is to test the Law against the 1945 Constitution. Suppose a decision that grants the application, has an impact on the invalidity of a norm and does not have binding legal force, then by itself, the decision cannot be separated from the Erga Omnes Principle which has legally binding force on all components of the nation, so all parties must submit and obey the decision ( Syukri Asy'ari, 2013). In legal practice, there are several Decisions that do not reflect the implementation of criminal procedure law in accordance with the scope of pretrial and create new authority in pretrial so that how does pretrial exist in the enforcement of criminal law
Co-Authors Abvianto Syaifullah Ahsan Yunus Dhamanti, Inge Didik Endro Purwoleksono Ida Nurhaida Ko Triskie Narendra Lucky Raspati Made Ayudina Sancitami Prakasa Muhammad Fadhil Rosediani Muhamad