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All Journal Deposisi: Jurnal Publikasi Ilmu Hukum Presidensial: Jurnal Hukum, Administrasi Negara, Dan Kebijakan Publik
Y.A.Triana Ohoiwutun
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Law, Crime, Criminology & Criminal Justice

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Criminal Responsibilities Or Political Partners As Corporations In Corruption Criminal Action And Money Laundering Criminal Acts Abd. Manab; Y.A.Triana Ohoiwutun; Fanny Tanuwijaya
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 3 (2023): September : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i3.1059

Abstract

The existence of political parties plays a strategic role in the development of democracy and the nation is faced with a number of issues that create a negative impression on these organs, some of which include; first, the problem of involvement of political parties in various cases of corruption and money laundering crimes that have an impact on the fall of public image and trust in the organization; second, the problem of pro and contra accountability of political parties involved in cases of corruption and criminal acts of money laundering before the law; and third, the issue of imposing criminal sanctions on political parties as the subject of corporate offenses known in corruption and money laundering. This research belongs to the typology of juridical normative legal research with secondary data types in the form of primary, secondary and tertiary legal materials. The approach taken includes the comparison, conceptual, statutory, and philosophical approaches, and analyzed descriptively qualitatively through literature. The results of the study show that; first, the justification of political parties as corporations in criminal acts of corruption and criminal acts of money laundering can be seen in five basic perspectives, namely philosophical foundation, juridical basis, historical basis, sociological basis, and political foundation of criminal law; second, the ideal concept of political party punishment as a corporation is carried out with a reconceptualization of the subject of corporate delictions in the affirmation of two types of corporations, namely corporations in the form of private and special corporations or in the form of public with different provisions on punishment arrangements. The need for an amendment to some provisions of the Corruption Law and the TPPU Law related to corporations in accommodating the two types of corporations into a forum for the implementation of ideas, of course issuing a law that contains specific provisions regarding special corporate punishment can be the answer to a myriad of issues regarding criminalization
Penerapan Hukum Kewenangan Audit Hukum Jaksa Pengacara Negara (JPN) Terkait Kesalahan Administrasi yang Berpotensi Merugikan Keuangan Negara Saka Andriyansa; Moh. Muhlisin; Dominikus Rato; Y.A.Triana Ohoiwutun
Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik Vol. 2 No. 4 (2025): Desember : Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publ
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/presidensial.v2i4.1288

Abstract

Law enforcement in the context of recovering state finances does not solely focus on corruption offenses, but also on administrative errors that may potentially cause losses to the state. The State Attorney (Jaksa Pengacara Negara/JPN) holds strategic authority through legal audits to identify, assess, and provide recommendations regarding potential state financial losses arising from administrative actions inconsistent with applicable regulations. This research formulates two main issues: first, how the legal authority of JPN is applied in conducting legal audits on administrative errors potentially causing state financial losses; second, what legal mechanisms are employed by JPN in conducting legal audits on such administrative errors. The findings of this study indicate that the implementation of legal authority by JPN through legal audits aims to ensure that every aspect of authority, procedure, and substance in governmental decision-making, as well as in the procurement of goods and services, complies with legal provisions, starting from the needs identification stage up to the final handover of work results. This is essential for JPN to accurately determine administrative errors that may potentially cause state financial losses and to formulate them in a legal audit report. The mechanism for resolving legal audit findings is carried out through coordination between JPN and the Government Internal Supervisory Apparatus (APIP) to determine the amount of potential losses. Subsequently, JPN provides recommendations to the applicant to return the potential losses to the state or regional treasury.
Co-Authors Abd. Manab Dominikus Rato Fanny Tanuwijaya Moh. Muhlisin Saka Andriyansa