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A Clean Public Procurement System through Commitment Making Officials (PPK) Criminal Liability Reforms Maksum, Umar; Saptomo, Ade
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 3 No. 11 (2024): Edunity: Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v3i11.335

Abstract

This research aims to explore a clean public procurement system through criminal liability reform for Commitment Making Officials (PPK). PPK plays an important role in maintaining accountability, transparency, and integrity in the public procurement process. The research method used is a statutory approach and a conceptual approach. This research analyzes the regulations governing PPK's responsibilities and how they can be held criminally liable if proven to have abused their authority. It was found that PPK is often the party fully responsible for irregularities in procurement, despite the important role of other parties such as the Budget User (PA) and the Budget User Authority (KPA). This research shows that to prevent corrupt practices, stricter monitoring mechanisms and increased legal awareness among PPKs are needed. Criminal liability reform for PPKs is essential to create a more transparent and accountable public procurement of goods and services. Better understanding of legal responsibilities and training for PVRs can reduce the risk of abuse of authority. Achieving a clean procurement system requires improvements in regulation and oversight, as well as capacity building for PVRs. These reforms will support corruption prevention efforts and maximize benefits for society and the state.
Effectiveness of the Procurement and Distribution of Subsidized Fertilizers under Ministerial Regulation No. 4 of 2023 on Procurement and Distribution of Subsidized Fertilizers for the Agricultural Sector Basri, Hasan; Saptomo, Ade
Return : Study of Management, Economic and Bussines Vol. 3 No. 11 (2024): Return : Study of Management, Economic And Bussines
Publisher : PT. Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/return.v3i11.296

Abstract

This study investigates the dualism of roles within the Regional House of Representatives (DPRD) in Indonesia, focusing on its legislative and executive functions in the regional government system. As a legislative institution representing the people and a partner of the executive, the DPRD faces challenges in balancing these roles, often leading to potential conflicts of interest and weakened oversight functions. The study aims to analyze the challenges and propose strategies for enhancing the effectiveness of the DPRD in fulfilling its dual roles. Using a normative juridical approach, this research examines legislative provisions and conceptual frameworks to identify the gaps and complexities in the DPRD's current position. The findings reveal that role conflicts hinder the DPRD's ability to effectively oversee and collaborate with regional governments, affecting policy quality and public trust. This study recommends clear role delineation, enhanced institutional capacity, and improved communication between the DPRD and regional governments. These measures are expected to strengthen the DPRD’s legislative and oversight functions while maintaining its partnership with the executive, ultimately contributing to more effective and transparent regional governance.
Dilemma of Legal Policy to Address Cybercrime in the Digital Era Erikha, Annisa; Saptomo, Ade
Asian Journal of Social and Humanities Vol. 3 No. 3 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i3.452

Abstract

Addressing cybercrime in Indonesia faces various complex challenges, including legal vacuums in existing regulations, such as the Law on Information and Electronic Transactions (UU ITE) and personal data protection. This study examines the necessity of regulatory reform that is more adaptive to the development of new technologies such as artificial intelligence, blockchain, and cryptocurrency, as well as the importance of balancing individual privacy protection and the data access needs of law enforcement. Furthermore, this research highlights the role of international collaboration in tackling cross-border cybercrime, which necessitates regulatory harmonization and extradition agreements to enhance the effectiveness of law enforcement. Through a comprehensive approach that includes legal reform, the implementation of stringent personal data protection, and strengthened international cooperation, Indonesia can create a safe and protected digital environment from the threats of cybercrime.
Legal Efforts in Handling Consumer Disputes at the Consumer Dispute Settlement Body (BPSK) in Indonesia Yuwono, M. Sunandar; Saptomo, Ade
Asian Journal of Social and Humanities Vol. 3 No. 3 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i3.469

Abstract

Consumer disputes are issues that frequently arise in the relationship between consumers and businesses. In Indonesia, the Consumer Dispute Settlement Body (BPSK) plays a vital role in addressing these disputes. The legal efforts available through BPSK are regulated under Law of the Republic of Indonesia No. 8 of 1999 on Consumer Protection, which provides a legal framework for dispute resolution that is simple, fast, and low-cost. The dispute resolution process at BPSK includes mediation, binding decisions, and procedures regulated by the Ministry of Trade Regulation No. 11 of 2016. This research uses a qualitative approach with data collection techniques through in-depth interviews, observations, and document analysis. This study aims to analyze the effectiveness of the legal efforts undertaken by BPSK in handling consumer disputes, as well as the challenges faced in its implementation. The findings indicate that although BPSK offers better access for consumers, there are still barriers regarding socialization, resource capacity, and community legal awareness. This research is expected to provide recommendations for improving the consumer dispute resolution system in Indonesia.
Quo Vadis Protection of Human Rights in Coercive Confiscation Efforts Prabowo, Taufik Tri; Saptomo, Ade
Cerdika: Jurnal Ilmiah Indonesia Vol. 4 No. 12 (2024): Cerdika: Jurnal Ilmiah Indonesia
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/cerdika.v4i12.2317

Abstract

The protection of human rights in the context of compulsory seizure efforts remains a topic of debate in legal practice in Indonesia. Seizures are often carried out without regard for fundamental individual rights, resulting in the potential for human rights violations, particularly concerning property rights and justice. This study aims to examine how human rights protections are implemented in the seizure procedures undertaken by law enforcement officials. The research method employed is normative juridical, utilizing an approach based on statutory regulations, case studies, and legal doctrine analysis. Data collected are qualitatively analyzed through literature reviews and eval_uations of relevant cases. The findings indicate that while there are regulations governing seizure procedures, their implementation often does not align with human rights principles. There is an urgent need for improvements in oversight mechanisms and accountability in the seizure process to prevent abuse of power. This research recommends reinforcing standard operating procedures that adhere to respect for human rights and stringent oversight in every seizure action.
Reconstruction of Law in Enhancing Human Resources of the Police to Realize an Integrated Criminal Justice System Noval, Cepi; Saptomo, Ade
Journal of Social Research Vol. 3 No. 12 (2024): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i12.2341

Abstract

This research discusses the importance of improving the quality of education for Human Resources (HR) in the Indonesian National Police (Polri) to achieve effective and just law enforcement within the context of an integrated criminal justice system. Focusing on curriculum improvement, development of practice-based training methods, and the integration of Polri HR education with other actors in the criminal justice system, this study identifies strategies that can enhance the professionalism and ethics of police members. The research also analyzes the impact of improved HR education on the effectiveness of law enforcement as well as public trust in the criminal justice system. The results indicate that collaboration and harmonization among law enforcement agencies, along with strict enforcement of ethical codes, are key steps in building the integrity of Polri and creating a more democratic and trustworthy justice system.
Supervision of Beneficial Owners in Limited Liability Companies (Comparative Study of Indonesia-Germany Law) Herry Soebagyo; Kurnia Mulia Ki; Ade Saptomo; Hotma Banjarnahor; Ramlan
International Journal of Scientific Multidisciplinary Research Vol. 1 No. 11 (2023): December 2023
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/ijsmr.v1i11.7179

Abstract

The purpose of this study is to find out and analyze the general beneficial owner regulation in Germany, specifically related to fines, information transparency, and the role of Notaries in the registration of beneficial owner information and to know and analyze what Indonesia can implement lessons to improve beneficial owner regulations beforehand. The type of research in this study is normative juridical. Based on the research that has been done, the results obtained are. As for the learned that Indonesia can learn from Germany, namely the application of fines for parties who do not register beneficial owner information, then provide a separate container to hold beneficial owner information data, and provide access for other parties to register the beneficial owner where so far, it can only be done by a Notary
The Impact of Information Communication Technology Developments in The Indigenous Law Community Romana, Francisca; Saptomo, Ade; Mardina, Debi; Siska, Siska; Naning, Theresia
Syntax Literate Jurnal Ilmiah Indonesia
Publisher : Syntax Corporation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/syntax-literate.v9i2.14622

Abstract

The development of information and communication technology (ICT) always has an impact on changes in human paradigms, both positive and negative. This change in the human paradigm will conflict or not conflict with Indigenous law which is the guideline for the Indigenous law community. The question is, to what extent are the boundaries that guide Indigenous law community that this paradigm change is or is not in conflict with Indigenous law that applies to Indigenous law community, thereby resulting in restrictions on the use of ICT by Indigenous law community? In this research, there are two case studies, namely the development of ICT, which is considered contrary to Indigenous law and the acceptance of ICT development in the Indigenous law community of Baduy Dalam, Baduy Luar, and Kasepuhan Ciptagelar Sukabumi. This research aims to examine the impact of ICT developments on the paradigm of the Indigenous law community of Baduy Dalam, Baduy Luar, and Kasepuhan Ciptagelar so that the results of this research can be used as a reference for the government to determine appropriate regulations for implementing digital transformation programs for Indigenous law community.
Minangkabau Customary Law as a Foundation and Perspective for The Formation of The National Legal System Wiwoho, Shri Hardjuno; Saptomo, Ade; Ilham, Andi Muh; Santoso, Haryo
Syntax Literate Jurnal Ilmiah Indonesia
Publisher : Syntax Corporation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/syntax-literate.v9i2.14623

Abstract

The purpose of this study is to examine the role of Minangkabau customary law in shaping the country's legal system and its potential contribution in creating social justice, maintaining cultural diversity, and strengthening regional autonomy. This research method used is literature analysis using relevant primary and secondary sources such as legal documents, academic works, and practical experience in the application of Minangkabau customary law. The results of this study show that Minangkabau customary law includes interrelated principles such as deliberation and consensus, gon royong (community cooperation), and restorative justice. The principles contain universal values that can be applied and integrated into the broader national legal system. In the context of building a state legal system, Minangkabau customary law is used as a source of inspiration for the development of laws that serve the interests of local communities, protect individual and collective rights, and maintain a balance between national and local interests. In addition, Minangkabau customary law has the potential to preserve cultural diversity in Indonesia. In the era of globalization that prioritizes cultural homogenization, the application of Minangkabau customary law can provide a strong foundation for the development and maintenance of cultural diversity of the community at the national level. Through an approach that respects and recognizes cultural differences, a country's legal system can be a tool for strengthening cultural identity and ensuring the sustainability of valuable cultural heritage
Kaili Tribe Criminal Dispute Resolution Process from the Perspective of Customary Law in Central Sulawesi Lubna, Lubna; Saptomo, Ade; Ibrahim, Metty Murni Wati; Situngkir, Rospita Rufina; Kristianto, Dhani
Syntax Literate Jurnal Ilmiah Indonesia
Publisher : Syntax Corporation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/syntax-literate.v9i2.14782

Abstract

This research discusses customary law in Indonesia which is pluralistic because it reflects the diversity of tribes and ethnic groups. Customary law is still relevant and applicable in the life and culture of Indonesian society. Customary law as positive law has a special characteristic, namely that there is little written statute, despite its value applying in society. This research is descriptive in nature using normative analysis, literature studies, and field surveys. The research results show that customary law has a position that is recognized in statutory regulations, including the 1945 Constitution, the Human Rights Law, and the Draft Criminal Code. The implementation of traditional law is elucidated through the Kaili customary justice process in the Central Sulawesi region, with the stages of decision-making and the types of sanctions that can be given.