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All Journal Jurnal Kajian Ilmiah Journal of Research in Social Science and Humanities
Purwanto, Mulyono Dwi
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Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Social Sciences Other

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Pentingnya Pengaturan Delik Perdagangan Pengaruh (Trading In Influence) Pada Undang-Undang Tindak Pidana Korupsi Di Indonesia Purwanto, Mulyono Dwi; Widyaningrum, Tuti
Jurnal Kajian Ilmiah Vol. 23 No. 2 (2023): May 2023
Publisher : Lembaga Penelitian, Pengabdian Kepada Masyarakat dan Publikasi (LPPMP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/j9adz546

Abstract

The event of democracy in Indonesia will soon occur in 2024. Related to that, the offense of Trading in Influence will arise with the existence of corruption committed by officials/State Organizers and other related parties accompanied by bribery due to having that power/influence. However, this offense does not yet exist in the existing and clearly regulated corruption law. The offense of trafficking in influence is contained in the law resulting from the ratification of the United Nations Convention Against Corruption (UNCAC) in 2003. Since it does not yet exist, the offense of bribery and/or gratification is used which is in accordance with the facts that occurred and was indicted by the Public Prosecutor. The judge decides according to what was indicted and the facts revealed at trial. So that there is a need for a criminal offense or criminalization of trading in influence and its legal arrangements in corruption in Indonesia. The method used is normative juridical with an approach to legislation, conceptual and case from existing secondary data from corruption cases that occurred in the Corruption Court's decision at the Central Jakarta District Court. So by setting up an independent influence trade offense, in addition to taking firmer action, it also prevents the occurrence of the corruption offense through detailed rules and heavier sanctions as well as law enforcement without favoritism/selectiveness that is carried out consistently so that legal objectives are obtained in the form of legal certainty. and justice.
Separation of State Assets in State-Owned Enterprises from State Liability for Losses Purwanto, Mulyono Dwi; Widyaningrum, Tuti
Journal of Research in Social Science and Humanities Vol 5, No 4 (2025)
Publisher : Utan Kayu Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47679/jrssh.v5i4.519

Abstract

The issue of state finance and the separation of state assets in SOEs lies at the intersection of criminal law on corruption, state financial law, and state corporate law, so that the relationship between regimes must be arranged so that corporate losses are not automatically treated as state losses or vice versa. The reform of the 2025 SOE Law emphasizes corporate autonomy that is supervised through audits and the principle of lex specialis. Research Objectives Analyze the legal status of separated state assets in SOEs within the framework of state finances and examine the effect of such separation on the limits of liability for state losses. The research method used is normative juridical based on secondary data with a statutory and conceptual approach. Data were collected through a literature study of the 1945 Constitution, the Corruption Law, the State Finance Law, the 2025 SOE Law, and decisions, then analyzed qualitatively. Research Results The status of separated assets is layered on the horizon of permanent ownership including state finances according to Law 17/2003, while on the horizon of management it becomes corporate capital according to Law 1/2025 in conjunction with Law 16/2025 and the principles of good corporate governance. Losses from state-owned enterprises (SOEs) transform into state losses if they are proven to have reduced state fiscal capacity due to fiduciary violations outside the business judgment rule. Furthermore, the separation of assets creates a multi-layered accountability regime based on fault-based liability and positions the SOE Law as a lex specialis, requiring both corporate and fiscal tests before the Corruption Eradication Law is applied as the ultimum remedium.
Co-Authors Widyaningrum, Tuti