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PENCEGAHAN TINDAK PIDANA KORUPSI PENGADAAN BARANG DAN JASA BANTUAN SOSIAL DALAM PENANGANAN COVID-19 (Studi Kasus Putusan Nomor: 29/Pid.Sus-TPK/2021/PN.Jkt.Pst) Idham Chalid
PERAHU (PENERANGAN HUKUM) : JURNAL ILMU HUKUM Vol 11 No 2 (2023): PERAHU (Penerangan Hukum) Jurnal Ilmu Hukum
Publisher : Universitas Kapuas

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Abstract

Corruption that occurs in the procurement of goods and services (PBJ) is included in the category of extraordinary crimes, not only can harm state finances but also violates the law, social and economic rights of the wider community. A more comprehensive handling of the various problems of criminal acts of corruption in social assistance PBJ is needed in handling Covid-19. This is the background for the authors to conduct research with a normative legal research approach. Conduct analysis related to the implementation of PBJ in relation to laws and regulations as well as the opinions of legal experts. This is very important, in order to be able to describe the various causes of criminal acts of corruption and efforts to prevent them. In the author's note regarding the factors causing the criminal act of corruption in PBJ social assistance in handling Covid-19 as in the case of Decision Number: 29/Pid.Sus-Tpk/2021/Pn.Jkt.Pst, there are two (2) important things: subjective factors and objective. Subjective factors, related to weak personal integrity, because of the urge to fulfill the need for "self-actualization" so that you always exist as state officials and politicians who succeed by violating the law. Objective factors, related to the PBJ implementation system that has not run well, PBJ that is not open and transparent, PBJ implementation procedures that are not in accordance with the rules, internal supervision of APIP which is still weak and the influence of political relations in PBJ. Of course, efforts to prevent criminal acts of corruption are needed which are more optimal so that criminal acts of corruption do not happen again. Maximizing the increase in personal integrity and anti-corruption culture in the implementation of PBJ and improving the PBJ implementation system in preventing criminal acts of corruption by maximizing the role of related parties in the PBJ system. Apart from that, the maximum role of the Corruption Eradication Commission and the PK National Team is also needed in supporting the improvement of the PBJ implementation system which is better and cleaner from collusion, corruption and nepotism (KKN).
ANALISIS YURIDIS TAFSIR KONSTITUSIONALITAS TERHADAP FRASE ORGANISASI ADVOKAT DALAM UNDANG-UNDANG NOMOR 18 TAHUN 2003 Sofyan Joesoef; Idham Chalid; Jalaludin
TADULAKO MASTER LAW JOURNAL Vol 8 No 1 (2024): FEBRUARY
Publisher : Universitas Tadulako

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Abstract

The purpose of this research is to find out the Constitutional Court's decision on the constitutionality interpretation of the phrase "Advocate Organization" in Law Number 18 of 2003 concerning Advocates which is authoritative in nature as a juridical basis, and the method used is to carry out research which is of a Normative Juridical nature using legal, case (decision), historical and conceptual approaches. Types of legal materials come from primary and secondary legal materials, which are collected by means of literature searches/studies. The analysis technique uses a descriptive analytical method which in the process of drawing conclusions is carried out using deductive logic. The results of this research provide the conclusion that constitutionally the definition given is that the only forum for the Advocate profession as intended in the Law on Advocates is the only forum for the Advocate profession which has the authority to carry out special education for the Advocate profession [Article 2 paragraph (1)], examination of prospective Advocates [Article 3 paragraph (1) letter f], appointment of Advocates [Article 2 paragraph (2)], creating a code of ethics [Article 26 paragraph (1)], forming an Honorary Council [Article 27 paragraph (1)], forming The Supervisory Commission [Article 13 paragraph (1)], carries out supervision [Article 12 paragraph (1)], and dismisses advocates [Article 9 paragraph (1), Law on Advocates]. The constitutional interpretation given by the Constitutional Court is authoritative and must be used as a juridical basis which is coercive and binding.