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Evidence in the Corruption Case of Road Reconstruction Sya’bania, Dewi Nabila; Auliany, Nafisa; Aziz, Hafizh Abdul; Chardena, Raincalosta Neodhy; Sangkut, Andi
Corruptio Vol 4 No 2 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v4i2.3078

Abstract

The state civil apparatus has an important role for the state, which is given the mandate and responsibility by the state and people in managing government affairs which become their respective functions and duties. The government apparatus in carrying out their duties must be good and full of integrity, because they are given trust by the government and society in carrying out their duties. People put their hopes on them to realize good governance in the future. However, the reality in the field is inversely proportional to what should be. In practice, the problem that often arises in the misuse of the duties of government officials is the practice of corruption. One of the cases of corruption that occurred in the field of procurement of goods or services was a case that occurred in North Lampung with the defendant named Yasril as the Commitment Making Officer at the PUPR Office of North Lampung Regency and the defendant Abdul Azim as his project partner. Yasril is considered to have neglected his duties as a Commitment Making Officer in the Kalibalangan Brach Four Road Widening Project, South Abung District, North Lampung Regency, in the 2019 fiscal year. The problem discussed in this study is how criminal liability for perpetrators of corruption crimes as in Decision Number: 3/Pid.Sus-TPK/2022/PN.Tjk and Decision Number: 4/Pid.Sus-TPK/2022/PN.Tjk? This research uses normative juridical research methods, namely research conducted based on primary legal materials by examining theories, concepts, legal principles and laws and regulations related to this research. It can be concluded that the prosecutor's method of proof was inaccurate and lacked caution in conducting the investigation, resulting in their imperfect indictment. So that the panel of judges did not believe in the results of the calculation of state financial losses submitted by the prosecutor's expert from the Public Accounting Firm Mahlizar, Jailani & Partners. This is because the calculation of state losses is based on procedures and procedures that do not contain certainty and are only based on assumptions. Thus, the panel of judges finally decided to acquit the two defendants from all charges.
Analisis Perbuatan Melawan Hukum Terhadap Tanah Sita Eksekusi Auliany, Nafisa; Adhan, Sepriyadi; Sumarja, F.X.
Indonesian Journal of Law and Justice Vol. 2 No. 4 (2025): June
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v2i4.3955

Abstract

This research aims to analyze whether the act is unlawful and legal protection for third parties in good faith. The method used is normative juridical, by examining the application of rules or norms in positive law and the type of research used in this research is descriptive research type with a problem approach using a case approach (legal case study). The legal materials used in this research are primary, secondary, and tertiary legal materials. The results of the research of Party B's actions can be categorized as unlawful acts in accordance with Article 1365 of the Civil Code which causes material and immaterial losses and and legal protection serves as a guarantee of legal certainty in buying and selling transactions in the event of a dispute can be resolved with a civil claim to the court.