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Bambang SUGIRI
Brawijaya University, Malang, Indonesia
Economics, Econometrics & Finance Environmental Science Social Sciences

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Reconstruction Of “Obstruction Of Justice” As A Criminal Act In The Law On Eradicating Corruption In Indonesia Samsul HUDA; Bambang SUGIRI; Nurini APRILIANDA; Heru R. HADI
International Journal of Environmental, Sustainability, and Social Science Vol. 3 No. 3 (2022): International Journal of Environmental, Sustainability, and Social Science (Nov
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/ijesss.v3i3.260

Abstract

Corruption is a special criminal act, qualified as an ordinary crime but must be eradicated in extraordinary ways. In Indonesia, it is not only an extraordinary method but also an institution with extraordinary authority formed because corruption has become a systemic and systematic disease of society. Criminalizing the act of "obstructing the judicial process" is one way to eradicate corruption extraordinarily. The positive law has already regulated it, but it needs to be strengthened by ratifying UNCAC 2003 so that the norms governing the offense can be universally recognized. This study aims to synchronize and harmonize the norms that have been regulated in positive law with the new norms regulated in UNCAC 2003 to avoid misperceptions in its implementation. The normative method is used by examining philosophically and juridically through principles and theories that develop and are associated with emerging empirical problems. Several legal cases are used to analyze the philosophical and juridical problems and to find weaknesses in the "obstruction of justice" offense norm. It needs to be reconstructed to ensure legal certainty and justice better. In the end, the goal of eradicating corruption can be achieved, without violating the proper criminal procedural law and placing interested parties, both from the perspective of the perpetrators and victims.
The Urgence Of The Control Mechanism Of Authority The Prosecutor General In Waiting The Case For Public Interest (Seponeering) Apriyanto NUSA; I Nyoman NURJAYA; Abdul MADJID; Bambang SUGIRI
International Journal of Environmental, Sustainability, and Social Science Vol. 3 No. 2 (2022): International Journal of Environmental, Sustainability, and Social Science (Jul
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/ijesss.v3i2.294

Abstract

The urgency of the control mechanism over the Attorney General's authority in overriding cases in the public interest (seponeering) is a manifestation of obtaining protection of human rights for every citizen who is harmed by the issuance of seponeering by the Attorney General. Apart from these reasons, the importance of controlling the authority of the Attorney General is also to create the principles of justice and legal certainty. Legal practices that often occur in the judicial process show stagnation in realizing these three things, both the protection of human rights (HAM), justice and legal certainty. Whereas the spirit of forming the Criminal Procedure Code which was promulgated based on Law Number 8 of 1981 laid the basic foundation for the protection of human rights (HAM) as the main goal, which includes upholding justice and legal certainty. There is stagnation in the effort to control the seponeering issued by the Attorney General, because there are juridical limitations in the pretrial object institution as stated in the Elucidation of Article 77 of Law Number 8 of 1981 concerning the Criminal Procedure Code which states that: with "discontinuation of prosecution" does not include setting aside cases for the public interest which are the authority of the Attorney General.
Co-Authors Abdul MADJID Apriyanto Nusa Heru R. HADI I Nyoman NURJAYA Nurini Aprilianda Samsul Huda Asrori