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Justice based corruption eradication policy: A comparison between Indonesia and Denmark Fahrizal S. Siagian; Andi Hakim Lubis; Nabila Afifah Salwa; Saied Firouzfar
Integritas: Jurnal Antikorupsi Vol 10 No 1 (2024): INTEGRITAS: Jurnal Antikorupsi
Publisher : Komisi Pemberantasan Korupsi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32697/integritas.v10i1.1134

Abstract

: This research was conducted to obtain an explanation of corruption eradication policies in Denmark and Indonesia. In addition, to find out the justice-based corruption eradication policy in a comparative study of Indonesia and Denmark. This research uses a normative juridical method with a literature study. Based on this, the required results are that corruption eradication policies in Indonesia and Denmark have significant differences. Denmark inserts corruption eradication provisions into each of its laws and regulations and uses a strict element of transparency in state financial management. Denmark utilizes social sanctions supported by the legal culture of its highly law-abiding society. Second, the policy reconstruction that can be used in Indonesia to eradicate corruption adopts the Danish policy. Namely, the anti-corruption agency with independent status integrates corruption eradication regulations into national legislation emphasizing strict sanctions and transparency of state financial management correlated with the wealth of state officials. The independence of the Corruption Eradication Commission is crucial. Applying Denmark’s mechanisms could lead to a breakthrough in corruption eradication in Indonesia.
PENERAPAN DWANGSOM DALAM PUTUSAN HAKIM SEBAGAI EFEKTIFITAS PERTANGGUNGJAWABAN KORPORASI TERHADAP PEMULIHAN LINGKUNGAN Andi Hakim Lubis; Fahrizal S. Siagian; Windy Sri Wahyuni; Rismanto J. Purba
Jurnal Yuridis Vol 12 No 2 (2025): Jurnal Yuridis
Publisher : Fakultas Hukum Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/jyur.v12i1.12277

Abstract

Corporate activities often cause widespread ecological and social damage to the environment, while existing legal instruments have not been effective in ensuring the implementation of environmental restoration obligations. Therefore, the application of dwangsom (coercive fines) through court rulings can be a progressive legal breakthrough. This study analyses the role of dwangsom as a legal instrument in encouraging corporate compliance with environmental restoration obligations and assesses its compatibility with the principles of justice, legal certainty, and benefit. The method used is a normative juridical approach through a review of legislation, jurisprudence, and legal literature. The results of the study show that dwangsom plays a strategic role as a means of coercion to increase corporate compliance with court rulings. However, its effectiveness still faces normative and practical obstacles, such as regulatory limitations, differences in judicial interpretation, and weak enforcement mechanisms. Therefore, regulatory strengthening and consistency in judicial practice are needed.
Optimizing the Use of Artificial Intelligence in Accelerating the Implementation of the Indonesian Judicial Reform Blue Print 2035 Andi Hakim Lubis; Serimin Pinem; Tommy Aditya Sinulingga; Mhd. Hasbi; Fahrizal S. Siagian; Misael Andry Ariffando Sinaga
Proceeding International Conference Restructuring and Transforming Law Vol. 3 No. 1 (2024): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

One of the real problems in the judicial institution is the lack of quantity of human resources or the number of judges assigned to judicial institutions or the Supreme Court to handle cases. The shortage of human resources or the number of judges is a serious problem and should not be considered a naive matter. This is because, according to the author, the shortage of judges has the potential to produce new injustices and also become a new problem in reality. If the shortage of judges is ignored and there is no effort to immediately find a solution, it is feared that it will result in the low quality of judges' decisions. This is because the number of cases that will be worked on by judges will certainly drain a lot of energy and thoughts. This means that if it is true that the judiciary has been short of judges, this should be equivalent to an excess of judges' duties to cover case handling. One of the efforts made is the use of technology in supporting the workload in the judicial institution and the supreme court is a necessity and part of the acceleration of the manifestation of the blueprint (blue print) of Indonesian Judicial Reform 2010-2035. This research is normative research. research conducted by examining the literature by taking a statute approach. The urgency of utilizing Artificial Intelligence cannot be separated from the development of advanced technology and its necessity in supporting the completion of the workload of the judicial institution and the Supreme Court. Therefore, optimizing the use of technology, especially Artificial Intelligence, must be able to accelerate the realization of the 2010-2035 Indonesian Judicial Reform blueprint.
THE PROBLEMATICS OF LAW ENFORCEMENT AGAINST THE EXECUTION OF ELECTORAL PENALTIES IN INDONESIA Andi Hakim Lubis; Fahrizal S. Siagian; Panca Sarjana Putra; Saied Firouzfar
Semarang Law Review (SLR) Vol. 5 No. 1 (2024): April
Publisher : Fakultas Hukum, Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/slr.v5i1.9358

Abstract

Crimes occur in many ways, one of them in the context of elections in Indonesia. The potential crimes perpetrated by political party supporters in various areas of Indonesia whose law enforcement is not working to the maximum is one of the problems. The problem in this study is first, how do legal provisions relate to law enforcement against electoral crimes in Indonesia? Secondly, the problem of law enforcement against electoral crimes in Indonesia? Third, reconstruction of law enforcement against electoral crimes in Indonesia? The aim of this research is to determine the regulation and legal analysis of the forms of crime black campaigns in accordance with the law. This research uses normative law research with secondary data and processes data from primary, secondary, and tertiary legal materials. The results of the first study are that the legal provisions for electoral offences in Indonesia are regulated in the Law Number 7 of 2017, Criminal Law, and the Law on Electronic Information and Transactions. (ITE). Second, that the Law Enforcement Problems Against Electoral Crimes in Indonesia, i.e. the inadequate application of criminal law in elections, constitutes an obstacle to the increase in the incidence of electoral crimes that have violated the Election Law Number 7 of 2017 and the Penal Code as well as the Information and Electronic Transaction Law. (ITE). Thirdly, it is expected that Indonesia will have a specialized agency that will strictly prosecute electoral criminals. Therefore, it can be concluded that electoral crimes are not maximized due to weak enforcement of electoral law.