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All Journal International Journal of Educational Review, Law And Social Sciences (IJERLAS) Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) International Journal of Social Science, Educational, Economics, Agriculture Research, and Technology (IJSET) International Conference on Health Science, Green Economics, Educational Review and Technology (IHERT)
Utreck Ricardo
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Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Social Sciences Other

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THE EXISTENCE OF THE CRIMINAL THREAT OF THE DEATH PENALTY IN THE CRIMINAL ACT OF CORRUPTION IN INDONESIA Utreck Ricardo; Firman Halawa
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 5 No. 1: IHERT (2023) FIRST ISSUE: International Conference on Health Science, Green Economics,
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v5i1.325

Abstract

The uncontrolled increase in criminal acts of corruption will bring disaster not only to national economic life but also to the life of the nation and state in general. The Corruption Eradication Commission took over the investigation and prosecution as intended on the grounds that public reports regarding criminal acts of corruption were not followed up, the process of handling criminal acts of corruption was protracted or delayed without justifiable reasons. The purpose of this research is to find out and analyze what is the legal basis for the Corruption Eradication Commission's authority to carry out investigations and prosecutions? What are the obstacles faced by the Corruption Eradication Commission in carrying out investigations and prosecutions of corruption crimes? The research method used is normative juridical. The type of data used is secondary data. The results of the research are that the authority of the Corruption Eradication Commission to handle corruption cases is regulated in Article 6 letter c of the Corruption Eradication Commission Law which states that the Corruption Eradication Commission has the task of carrying out inquiries, investigations and prosecution of criminal acts of corruption. However, the Corruption Eradication Commission has additional authority, namely that it can take over corruption cases even if they are being handled by the Police or Prosecutor's Office (Article 8 paragraph (2) of the Corruption Eradication Committee Law). However, the takeover of the corruption case must be for the reasons stipulated in Article 9 of the Corruption Eradication Committee Law. Apart from the authority to take over corruption cases, there are other things that fall under the authority of the Corruption Eradication Committee, namely as regulated in Article 11 of the Corruption Eradication Commission Law and Article 50 of the Corruption Eradication Commission Law. The conclusion is that mutually agreed arrangements are needed to eliminate the notion that there is overlapping authority in terms of who has the authority to prosecute criminal acts of corruption that emerged after the issuance of the Law.
JURIDICAL STUDY ON THE IMPLEMENTATION OF CONFIGURATION OF PROPERTY OF CRIMINAL OFFENDERS CORRUPTION IN INDONESIA Utreck Ricardo; Yasmirah Mandasari Saragih; Boniek Juventus; Haposan Silalahi
International Journal of Social Science, Educational, Economics, Agriculture Research and Technology (IJSET) Vol. 3 No. 1 (2023): DECEMBER
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijset.v2i11.296

Abstract

Current efforts to eradicate corruption are not only focused on arresting and providing criminal sanctions against the perpetrators, but also through efforts to recover financial and economic losses to the state by confiscating assets or property belonging to perpetrators of criminal acts of corruption. Thus, efforts to eradicate criminal acts of corruption are not only follow the suspect, but also follow the money/assets. The objectives of this writing are to: (1) Explain the mechanism for confiscating the assets of perpetrators of criminal acts of corruption. (2) Test whether the confiscation of assets of perpetrators that were not obtained from criminal acts of corruption can also be carried out. This research uses empirical normative juridical research methods. The primary data used is interviews with investigators at the Prosecutor's Office, while the secondary data used is the Law on the Eradication of Corruption Crimes and the Law on Prevention and, the Criminal Procedure Code and the Criminal Code, then the tertiary data is from books and journals. Based on the research results, it can be concluded that the mechanism for confiscating the assets of perpetrators of criminal acts of corruption uses 2 methods, namely: through criminal channels (in personam forfeiture), and through civil channels (in rem forfeiture). Apart from that, confiscation can be carried out on the assets of perpetrators of criminal acts of corruption, even if these assets were not obtained from criminal acts of corruption, as a consequence of the perpetrator's actions who must be held accountable for their actions which have harmed state finances.
CRIMINAL RESPONSIBILITY AGAINST VILLAGE HEADS WHO COMMIT CRIMINAL ACTS OF VILLAGE FUND CORRUPTION Utreck Ricardo; Yasmirah Mandasari Saragih; Rahmayanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 3 (2024): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i3.1599

Abstract

Corruption is a special criminal act. One form of equitable and just national development is development carried out not only in urban areas, but also in rural areas through the provision of Village Funds from state finances. However, the state's efforts, in this case the central government, to develop villages seem to be hampered by criminal acts of corruption committed by unscrupulous Village Heads. The problem formulation that will be the main topic of discussion is what are the legal procedures for managing Village Funds which originate from State Finance? What is the criminal responsibility for individual Village Heads who commit criminal acts of Village Fund corruption? This research is normative juridical research, namely research that refers to legal norms contained in Legislation, Court Decisions and legal norms that exist in society regarding what happens in reality in society which is related to the research material. In this research, it can be concluded that individual Village Heads who commit criminal acts of Village Fund corruption can be charged under Article 2 or Article 3 in conjunction with Article 18 Paragraph (1) letter b of Law of the Republic of Indonesia Number 20 of 2001 concerning Amendments to the Law of the Republic of Indonesia Number 31 of 1999 concerning Eradication of Corruption Crimes. The author's advice to law enforcement officials, especially the justice profession, is to prioritize the principles of law enforcement in deciding cases and in giving punishment to corruptors in Indonesia.
THE EFFECTIVENESS OF DIVERSION IN RESOLVING CHILD CRIMINAL CASES TO ACHIEVE RESTORATIVE JUSTICE IN THE CHILD CRIMINAL JUSTICE SYSTEM Boniek Juventus; Haposan Silalahi; Utreck Ricardo; Syaiful Asmi Hasibuan
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 3 No. 4 (2024): January (January-March)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v3i4.1337

Abstract

The provisions of Article 1 point (6) of Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Criminal Justice System, states that restorative justice is the resolution of criminal cases by involving the perpetrator, victim, family of the perpetrator/victim, and other related parties together. seek a fair solution by emphasizing restoration to the original state, and not retaliation. Therefore, the juvenile criminal justice system is obliged to prioritize a restorative justice approach. So that at every stage of the legal process in the juvenile criminal justice system a diversion policy must be pursued. The diversion policy is a transfer of the resolution of juvenile criminal cases from the criminal justice process to a process outside of criminal justice, so that restorative justice is achieved.
Co-Authors Boniek Juventus Firman Halawa Haposan Silalahi Rahmayanti Syaiful Asmi Hasibuan, Syaiful Asmi Yasmirah Mandasari Saragih