Saied Firouzfar
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The Obligation of Military Institutions to Comply with the Anti-Corruption Act Fahrizal, Fahrizal S. Siagian; Saied Firouzfar; Najuasah Putra
Jurnal Mulawarman Law Review VOLUME 8 ISSUE 2 DECEMBER 2023
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v8i2.1279

Abstract

The purpose of the study is to respond to the corruption crimes committed by military officials in Indonesia, secondly, to explain the obligation of military institutions to comply with the Anti-Corruption Criminal Act, third, to clarify the internal rules of the Military Institutions on Anti-Criminal Corruption in Indonesia. The type of research used is normative law research, which refers to positive law and uses secondary data from primary, secondary, and tertiary law material. Data is collected through Library Research and processed with descriptive analysis. Corruption perpetrated by military officials is a violation of the Military Discipline Act and the Indonesian Criminal Code of corruption. The normative jurisprudential aspect of the fight against corruption in Indonesia is carried out with the advancement of the basis of legal certainty based on the Anti-Corruption Act. According to the legislation, the legal status is generally applicable, and the index of perception of corruption in Indonesia is deteriorating and spreading throughout the line of life of the nation and the country, so that all parties, without exception in military instances, are obliged to comply with the Penalties of Corruption. The entire component of the Indonesian nation must advance the suppression of corruption under the law, including the military instance obliged to voluntarily submit and obey the orders of the Tipikor Rebellion Act. The authorities have drawn up regulations relating to the obligations of the Military Institutions in combating criminal offences of corruption in Indonesia.
The Obligation of Military Institutions to Comply with the Anti-Corruption Act Fahrizal, Fahrizal S. Siagian; Saied Firouzfar; Najuasah Putra
Jurnal Mulawarman Law Review Vol 8 No 2: Mulawarman Law Review - December 2023
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v8i2.1279

Abstract

The purpose of the study is to respond to the corruption crimes committed by military officials in Indonesia, secondly, to explain the obligation of military institutions to comply with the Anti-Corruption Criminal Act, third, to clarify the internal rules of the Military Institutions on Anti-Criminal Corruption in Indonesia. The type of research used is normative law research, which refers to positive law and uses secondary data from primary, secondary, and tertiary law material. Data is collected through Library Research and processed with descriptive analysis. Corruption perpetrated by military officials is a violation of the Military Discipline Act and the Indonesian Criminal Code of corruption. The normative jurisprudential aspect of the fight against corruption in Indonesia is carried out with the advancement of the basis of legal certainty based on the Anti-Corruption Act. According to the legislation, the legal status is generally applicable, and the index of perception of corruption in Indonesia is deteriorating and spreading throughout the line of life of the nation and the country, so that all parties, without exception in military instances, are obliged to comply with the Penalties of Corruption. The entire component of the Indonesian nation must advance the suppression of corruption under the law, including the military instance obliged to voluntarily submit and obey the orders of the Tipikor Rebellion Act. The authorities have drawn up regulations relating to the obligations of the Military Institutions in combating criminal offences of corruption in Indonesia.
Legal Politics of Investigation Authority in Criminal Offences Under the Draft Criminal Procedure Code (RKUHAP) Panca Sarjana Putra; S.Siagian, Fahrizal; Brimob Ritonga; Saied Firouzfar; Dedi Kurniawan
JUSTISI Vol. 11 No. 3 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i3.4273

Abstract

The aim of investigative research is a pro justisia stage that serves to gather two pieces of evidence to find the perpetrator of a criminal act after an investigation. This process is known as due process of law, which is contained in the Criminal Procedure Code (KUHAP). The renewal of criminal procedure law is to balance the pre-enactment of the 2026 Criminal Law. Therefore, several research objectives were obtained, namely to explain the authority of investigation in criminal acts in the 1981 KUHAP. Then, another objective is to explain the legal policy review related to the authority of investigation in criminal acts based on the Draft National Criminal Procedure Code. The method used in this study is normative juridical research combined with empirical data, through a conceptual approach, a legislative approach, and a case approach. Novelty This study is novel in that criminal procedure law, particularly dominus litis authority, cannot be expanded and the portion of investigation must remain with the state police investigators. This refers to the effectiveness and efficiency of law enforcement and the principles of human rights. The results of this study show that the authority to investigate criminal acts in Law No. 8 of 1981 on Criminal Procedure is vested in the Indonesian National Police. The legal policy review regarding investigative authority in criminal cases based on the Draft National Criminal Procedure Code aims to prioritize the prosecutorial authority of the public prosecutor in the handling of criminal cases. However, this situation may lead to undesirable issues in the future, such as violations of human rights and the inefficiency of the criminal justice process. The conclusion of this study is that the expansion of the authority of public prosecutors as criminal investigators is dangerous. Therefore, in terms of efficiency, effectiveness, and the enforcement of human rights, the expansion of the authority of public prosecutors in investigations under the Draft Criminal Procedure Code has the potential to undermine the sense of legal justice.