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All 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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Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Economics, Econometrics & Finance Education Health Professions

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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.
Co-Authors Boniek Juventus Firman Halawa Haposan Silalahi Yasmirah Mandasari Saragih