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Audit of state losses by the Gorontalo attorney general in a corruption case Suardi Rais
Jurnal Hukum Volkgeist Vol 3 No 2 (2019): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v3i2.120

In the process of proving Corruption Crime, it must fulfill the three elements contained in corruption, one of the elements of which is the loss of state finances as well as the Corruption Act. To prove the State's loss, the institutions that are authorized to audit the results of State losses will be involved. In this case the Supreme Audit Agency (BPK). As in Law No. 15 of 2006 and other institutions regulated outside the constitution, based on Circular of the Chief of the Supreme Court Number 4 of 2016, and based on the Decision of the Constitutional Court Number. 31 / PUU-X / 2012. But in some of the decisions of the Corruption Criminal Court, the process of proving the loss of state finances was carried out by the Gorontalo High Prosecutor's Office who did not have the authority to audit state financial losses in cases of corruption

Problematics of law enforcement of union busting criminal action in gorontalo province Suardi Rais
Jurnal Hukum Volkgeist Vol 4 No 2 (2020): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v4i2.669

Although freedom of association has been more than a decade old, workers in Indonesia still face enormous challenges in exercising their collective rights. this is inseparable from the problem of law enforcement against anti-union / labor crime. This study aims to explain and analyze how the form of legal protection of trade unions in Law No. 21 of 2000 concerning Trade Unions / Trade Unions and what are the barriers to law enforcement in the imposition of criminal sanctions against union busting perpetrators in Gorontal Province. The method used in this study is a merger between normative research and empirical research methods. The results of this study indicate that the form of protection and law enforcement against violations or criminal acts against the union that occurred especially in the Province of Gorntalo is still very weak, there has been no decisive action from all law enforcement. The workings of the law are inseparable from the law enforcers themselves, law enforcement against criminal acts of the Anti Trade union basically still encounters several obstacles among which are understanding concepts among law enforcers of Law No.21 of 2000 concerning Trade Unions / Labor Unions and lack of coordination among PPNS Employment investigators and Police Investigators.

Optimization of Social Report as a Consideration of Diversion in The Child Criminal System Rommy Yusuf Hiola; Aliyas Aliyas; Suardi Rais
Jurnal Hukum Volkgeist Vol 6 No 1 (2021): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v6i1.1613

There is one factor that becomes an obstacle if the child has received the coaching process at the Child Special Guidance Institute (hereinafter referred to as LPKA), namely the existence of "stigmatization" attached to the child so that it does not make it easier for children to socialize. The "Labeling" theory shows that labeling or in other words this stigmatization can damage the future of children where the future is still long. Therefore, the application of imprisonment for children must be an "ultimum remedium" or "the last resort", which means that imprisonment must be the last resort. This is where the diversion function lies as the concept of solving children's problems without going through a trial so that children are not burdened by negative stigma that will be attached to them, but in practice the diversion process often experiences obstacles, one of which is the lack of understanding of law enforcement towards the situation and condition of children, this is because not optimal community research or social reports on children in conflict with the law. The specific purpose of this research is to identify and analyze the factors that cause the non-optimal implementation of social reports on children's cases and to find out the efforts made in maximizing social reporting in an effort to implement diversion in children's cases. The method used in this research is empirical research, namely research with field data as the main data source, such as the results of interviews and observations

Problematika Penyidikan Korupsi Pembangunan Jaringan Transmisi Air Baku Di Kabupaten Bone Bolango Suardi Rais; Rusmulyadi Rusmulyadi; Saharuddin Saharuddin
Indonesian Journal of Criminal Law Vol. 3 No. 2 (2021): Indonesian Journal of Criminal Law
Publisher : ILIN Institute

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This study aims to analyze the role of prosecutors' investigators in uncovering corruption cases, as well as to find out the factors that hinder Gorontalo High Prosecutor's investigators in uncovering corruption cases in the raw water supply project in Bone Bolango Regency. The research method used is empirical legal research or non-doctrinal research, which is a type of legal research that looks at law from a perspective outside of legal science. The results of this study indicate that: (1) the role of the prosecutor in the most basic criminal field is to conduct investigations into special crimes and carry out prosecutions. The Gorontalo High Prosecutor's Office, after receiving information about an alleged corruption case, formed an intelligence team of inspectors to seek initial information in finding allegations of corruption, as well as coordinating with related parties, presenting technical experts to assess the procurement of goods used in the project. If there is a loss to the state, the high attorney will then issue an investigation order and make an investigation plan. (2) In carrying out investigations into criminal acts of corruption in the procurement of raw water in Bone Bolango Regency, there are two things that become obstacles to the Gorontalo High Court, namely the slow results of examinations from technical experts and the slow results of audits from BPKP. Penelitian ini bertujuan menganalisis peranan penyidik kejaksaan dalam mengungkap kasus korupsi, serta mengetahui faktor apa yang menjadi hambatan penyidik Kejaksaan Tinggi Gorontalo dalam mengungkap tindak pidana korupsi pada proyek pengadaan air baku di Kabupaten Bone Bolango. Metode penelitian yang digunakan adalah Penelitian hukum emperis atau penelitian non-doktrinal adalah tipe penelitian hukum yang melihat hukum dari sudut pandang diluar ilmu hukum. Hasil penelitian ini menunjukkan bahwa: (1) peran kejaksaan dalam bidang pidana yang paling mendasar adalah melakukan penyidikan terhadap tindak pidana khusus dan melakukan penuntutan. Kejaksaan Tinggi Gorontalo setelah mendapat informasi adanya dugaan tindak pidana korupsi membentuk tim intelejen pemeriksa untuk mencari informasi awal dalam menemukan adanya dugaan tindak pidana korupsi, serta melakukan koordinasi dengan pihak terkait, menghadirkan ahli teknis untuk menilai pengadaan barang yang digunakan dalam proyek tersebut. Jika terdapat kerugian negara kejaksaan tinggi kemudian mengeluarkan surat perintah penyidikan dan membuat rencana penyidikan. (2) Dalam pelaksaan penyidikan tindak pidana korupsi pada pengadaan air baku di Kabupaten Bone Bolango terdapat dua hal yang menjadi hambatan Kejaksaan Tinggi Gorontalo yaitu lambatnya hasil pemeriksaan dari ahli teknis dan Lambatnya hasil audit dari BPKP.

The Role of the Saber Extortion Task Force (Sweeping Illegal Charges Task Force) In The Eradication of Criminal Acts of Corruption Jupri Jupri; A. ST Kumala Ilyas; Suardi Rais; Rusmulyadi Rusmulyadi; Saharuddin Saharuddin
Jurnal Hukum Volkgeist Vol 6 No 2 (2022): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v6i2.2285

Indonesia is still classified as a country that is in a position of corruption based on the results of the release of Transparency International Indonesia. Even in cases of criminal acts of corruption have reached remote areas. To suppress this rate, the central government to the regions then formed a Task Force for Sweeping Illegal Charges (Satgas Saber Extortion). Has a role to take action against and prevent the occurrence of criminal acts of corruption in the community. This study aims to determine the role of Saber Pungli in eradicating corruption. The research method used is normative-empirical legal research. The results of the study show that Saber Pungli is not yet optimal in carrying out corruption eradication work in the regions.

Optimizing The Role of Religious Jurisdiction in Preventing Child Marriage in Gorontalo Province Aliyas Aliyas; Suardi Rais; A. ST. Kumala Ilyas; Jupri Jupri; Yoslan K Koni
Jurnal Hukum Volkgeist Vol. 7 No. 1 (2022): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v7i1.2866

The prevalence of child marriage under 18 years released by the Central Bureau of Statistics in 2020 places Gorontalo Province in the 6th highest place in Indonesia with a rate of 23.16%. The data is corroborated by the records of the Supreme Court who receive cases of requests for dispensation from marriage which each year has increased. the religious court's allusion to child marriage through a marriage dispensation mechanism. A quo mechanism is regulated in Supreme Court Regulation (PERMA) Number 5 of 2019 concerning Guidelines for Trialing Applications for Dispensation of Marriage. Various factors behind the request for underage marriage include: because they really want to get married, because they are pregnant out of wedlock and there are applications for girls whose age has not been justified by law. On the basis of these problems, this study aims to provide space for the religious court as the final determinant through legal considerations and its sociological aspects, prioritizing prevention efforts by narrowing the space for applications, examining cases more carefully, and the commitment of the parties to respond to the negative consequences of child marriage. The research method used is the legal behavior approach that occurs in society (socio legal research).

Desa Anti Politik Uang (Money Politik) sebagai Strategi Antisipasi Pilkada Curang Tahun 2024 Provinsi Gorontalo Jupri Jupri; Suardi Rais; Haritsa Haritsa; Aliyas Aliyas; Rommy Yusuf Hiola
Ideas: Jurnal Pendidikan, Sosial dan Budaya Vol 9 No 4 (2023): Ideas: Pendidikan, Sosial, dan Budaya (November)
Publisher : Ideas Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32884/ideas.v9i4.1508

The village is the smallest entity with its strategic position in holding regional elections which is vulnerable to the practice of money politics. Project mark ups, vote buying, bribery, gratuities constitute political corruption when elected as leader. The impact of the regional elections is that they do not produce authentic leaders for the welfare of their citizens. The aim of the research is to build an anti-money politics village as a strategy to anticipate fraudulent regional elections in 2024. This research uses a socio-legal research approach with literature study techniques and in-depth interviews. The research results show that the practice of money politics is influenced by several factors and to minimize these factors, an anti-money politics village model must be formed, one of which is through literacy or community forum-based education.

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