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All Journal Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Jaksa: Jurnal Kajian Ilmu Hukum Dan Politik
Nana Lukmana
Unknown Affiliation
Religion Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Legitimation of the Authority of Legal Actions of the Corruption Eradication Commission (KPK) Against Criminal Acts of Corruption Nana Lukmana; Subianta Mandala
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 3 (2022): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i3.6753

Abstract

The crime of corruption has become a very complicated and complicated problem related to many problems that are interconnected with each other, including the relationship with the impact on the administration of the state. For this reason, the activity of eradicating corruption, as a form of reform in eradicating corruption in Indonesia based on Law Number 30 of 2002 concerning the Corruption Eradication Commission (KPK), is given to the Corruption Eradication Commission (KPK). The problems are: What is the authority of the Corruption Eradication Commission (KPK) in taking legal action against perpetrators of criminal acts of corruption? The research method in this research framework uses a normative or doctrinal legal research approach or legal research. It means that the object of study in this research focuses on discussing the legitimacy of the legal action authority of the Corruption Eradication Commission (KPK) against perpetrators of corruption. This research is descriptive analytical and in the form of a descriptive study. The data sources used are secondary data sources and primary data sources. Data collection is done through literature study. Data analysis in this study was carried out qualitatively. The results of the research and discussion of this problem in essence, that philosophically the legal remedy strategy as a form of reform in eradicating corruption in Indonesia, that the Corruption Eradication Commission (KPK), is an alternative to a law enforcement institution considering that existing institutions are not considered effective enough in take legal action and efforts in eradicating corruption. The authority of the Corruption Eradication Commission (KPK) in taking legal action against perpetrators of criminal acts of corruption, is given several privileges, among others; take over a case of criminal acts of corruption committed by police investigators and prosecutors investigators because they are considered sluggish, supervise the police and prosecutors' institutions that carry out legal actions and remedies related to corruption crimes, and the Corruption Eradication Commission may not issue a Letter of Termination of Case Investigation (SP3) related corruption crimes are handled
Comparison of Sanctions for the Crime of Persecution According to the Kerinci Customary Criminal Law and the Indonesian Criminal Law Ade Saptomo; Nana Lukmana; Riza Endriyana; I Gede Sumerta; Kristofel Aditiya Prathama Pardamean Hutauruk
Jaksa : Jurnal Kajian Ilmu Hukum dan Politik Vol 2 No 2 (2024): April: Jurnal Kajian Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/jaksa.v2i2.1688

Abstract

This research discusses the application of Kerinci customary criminal law to criminal acts of abuse and its comparison with national criminal law in Indonesia. There is a conflict between Article 351 paragraph (3) of the Criminal Code and the practice of resolving customary abuse in Kerinci Regency. The research method used is normative legal research with a conceptual and analytical approach. The research results show differences in the application of customary and national crimes, with an emphasis on the principle of deliberation in Kerinci customary law. The application of Kerinci's customary crime involves three levels of sanctions, adjusted to the level of the violation, with a Restorative Justice approach. Differences arise in the resolution of minor criminal cases, where customary law involves traditional judges, ninik mamak, and traditional leaders. Harmonization between customary law and national law is crucial to achieving holistic justice.
Comparison of Sanctions for the Crime of Persecution According to the Kerinci Customary Criminal Law and the Indonesian Criminal Law Ade Saptomo; Nana Lukmana; Riza Endriyana; I Gede Sumerta; Kristofel Aditiya Prathama Pardamean Hutauruk
Jaksa : Jurnal Kajian Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): April: Jurnal Kajian Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/jaksa.v2i2.1688

Abstract

This research discusses the application of Kerinci customary criminal law to criminal acts of abuse and its comparison with national criminal law in Indonesia. There is a conflict between Article 351 paragraph (3) of the Criminal Code and the practice of resolving customary abuse in Kerinci Regency. The research method used is normative legal research with a conceptual and analytical approach. The research results show differences in the application of customary and national crimes, with an emphasis on the principle of deliberation in Kerinci customary law. The application of Kerinci's customary crime involves three levels of sanctions, adjusted to the level of the violation, with a Restorative Justice approach. Differences arise in the resolution of minor criminal cases, where customary law involves traditional judges, ninik mamak, and traditional leaders. Harmonization between customary law and national law is crucial to achieving holistic justice.
Co-Authors Ade Saptomo I Gede Sumerta Kristofel Aditiya Prathama Pardamean Hutauruk Riza Endriyana Subianta Mandala