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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Media Iuris
Abidin, R.B. Muhammad Zainal
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Law, Crime, Criminology & Criminal Justice

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Ratio Legis Investigation by the Prosecutor: A Review of Distribution of Power in Investigation of Corruption Crime Abidin, R.B. Muhammad Zainal
Media Iuris Vol. 7 No. 1 (2024): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v7i1.45772

Abstract

AbstractThis study discusses the distribution of investigative powers in the context of law enforcement on corruption crime. The urgency in this research that is to be achieved is to know the concept of distribution of investigative power in the field of corruption crime and to know the law with a closer distance to the ratio legis the Prosecutor is given the authority to investigate corruption crimes. The preparation of this research uses legal research by analyzing legislation as well as treatises on discussing the draft act which arrange institutions are authorized to investigate corruption crime. The results of this study indicate that in a lex specialis manner, those authorized to investigate corruption crime are investigators at the Prosecutor and the Corruption Crime Eradication Commission, in addition to investigators at the Police institution who are also authorized to investigate corruption crime in a lex generalis manner. The three institutions are equally authorized to investigate corruption crime based on the concept of cooperating with each other. The ratio legis forming the act when discussing the draft act number 16 of 2004 concerning the Prosecutor's Office gives the Prosecutor authority to investigate corruption crime, namely that people have high hopes for the prosecutor's office as one of the important pillars in upholding the supremacy of law and being pro-actively involved in eradicating rampant corruption crime in all areas of life, bearing in mind that corruptors in Indonesia at that time were experts in breaking into banks, taking state money abroad for the sole reason of seeking treatment abroad, destroying evidence, manipulating data, and being able to trick prosecutors into going abroad freely. The people's high hopes for the Prosecutor are based on Rousseau's social contract theory in the making of the act.Keywords: Distribution of Power; Investigation; Corruption Crime.
Questioning the Meaning of Financial or State Economic Losses in Corruption Crimes After the Constitutional Court Decision Number 25/PUU-XIV/2016 Airlangga, Rendy; Abidin, R.B. Muhammad Zainal; Mahendra Suhartono; Purwoleksono, Didik Endro
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5200

Abstract

The Constitutional Court Decision Number 25/PUU-XIV/2016 has changed Articles 2 paragraphs (1) and 3 of the Eradication of Corruption Crime Law from formal criminal act to material criminal act, so that state losses must be interpreted as actual losses. On the basis of that decision, this research analyses the original intent or ratio legis of the word "can" in Articles 2 paragraphs (1) and 3 of the Eradication of Corruption Crime Law, which is useful to understand the spirit underlying the formulation of the word 'can’ or ‘formal criminal act’ since the inception of the Law. In addition, this research also reconstructs the meaning of financial losses or the state economy based on aspects morality. This research is doctrinal research that uses statute, conceptual, and case approaches. The results of this study conclude that the formulation of the word "can" in Articles 2 Paragraphs (1) and 3 of the Eradication of Corruption Crime Law is intended to facilitate proof of corruption in the field of finance or the state economy in Indonesia, whose modus operandi is increasingly sophisticated and complicated. However, corruption crimes are not only about financial or economic losses that must be proven and can be calculated but also moral losses that cannot be seen and calculated. Therefore, the reconstruction of the meaning of potential loss in Articles 2 paragraphs (1) and 3 of the Eradication of Corruption Crime Law in the future is very important to save the nation's morals.
Co-Authors Airlangga, Rendy Didik Endro Purwoleksono Mahendra Suhartono