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Peniadaan Pemidanaan Terhadap Perbuatan yang Mengakibatkan Kerugian Negara dalam Kegiatan Pengadaan Barang dan Jasa di Indonesia Hamonangan, Alexsander Roy Happy; Sibuea, Hotma P; Sartika Saimima, Ika Dewi; Hasibuan, Edi Saputra
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1778

Abstract

Corruption crimes committed by civil servants or state apparatus are thoroughly correlated to the abuse of authority and state losses. The authority given to organize and carry out burdens and errands for the assistance of the public is misused by enriching oneself or personal groups. However, there is an alteration in the mistakes made by civil servants or state apparatus which can cause losses to the public, specifically in the field of civic administration, in this case the gaining of goods and facilities. This error is referred to as an administrative error. This study discusses the differences in legal responsibility for state losses in acts of corruption with state losses in state administration law and regarding the return of state losses by goods and services procurement officials to be able to remove punishment. The difference between state losses in acts of corruption is intentional losses to enrich oneself or a group, while state losses in state administrative law are carried out without any element of intentional committing a crime. Returning state losses within a period of 10 (ten) days for administrative errors committed by bureaucrats for the obtaining of goods and facilities can remove the punishment that was originally classified as a illegal turn of corruption because this was done as part of an unintentional mistake and not to augment oneself or a particular assembly.
Human Trafficking on Illegal, Unreported and Unregulated Fishing Cases as Transnational Crime on Indonesia Coastal Boundary Sartika Saimima, Ika Dewi; Clara Ignatia Tobing; Mochammad Syafruddin Rezky Sanaky
Journal of Law, Politic and Humanities Vol. 2 No. 2 (2022): (JLPH) Journal of Law, Politic and Humanities (February 2022)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (480.208 KB) | DOI: 10.38035/jlph.v2i2.74

Abstract

Indonesian strategic archipelago allows rapid migration of goods and services to its neighbor countries. Along with goods and services, the wide coastal area also facilitates migrant worker to enter and exit Indonesia through several ports. First and foremost interference on the borderless coastal boundary is Illegal, Unreported and Unregulated (IUU) Fishing. The IUU foreign fishing vessels frequently transporting illegal migrant worker obtained through human trafficking, people smuggling, forced labor, child exploitation, torture, and discrimination. This practices can then be categorized as one of the transnational organized crime at sea. This paper focuses on the studies of notorious cases of human trafficking on IUU Fishing. This journal will also observe the lack of prevention measure of transnational crime on UNCLOS and utilization of bilateral and multilateral treaties on IUU Fishing.
Peniadaan Pemidanaan Terhadap Perbuatan yang Mengakibatkan Kerugian Negara dalam Kegiatan Pengadaan Barang dan Jasa di Indonesia Hamonangan, Alexsander Roy Happy; Sibuea, Hotma P; Sartika Saimima, Ika Dewi; Hasibuan, Edi Saputra
UNES Law Review Vol. 6 No. 3 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1778

Abstract

Corruption crimes committed by civil servants or state apparatus are thoroughly correlated to the abuse of authority and state losses. The authority given to organize and carry out burdens and errands for the assistance of the public is misused by enriching oneself or personal groups. However, there is an alteration in the mistakes made by civil servants or state apparatus which can cause losses to the public, specifically in the field of civic administration, in this case the gaining of goods and facilities. This error is referred to as an administrative error. This study discusses the differences in legal responsibility for state losses in acts of corruption with state losses in state administration law and regarding the return of state losses by goods and services procurement officials to be able to remove punishment. The difference between state losses in acts of corruption is intentional losses to enrich oneself or a group, while state losses in state administrative law are carried out without any element of intentional committing a crime. Returning state losses within a period of 10 (ten) days for administrative errors committed by bureaucrats for the obtaining of goods and facilities can remove the punishment that was originally classified as a illegal turn of corruption because this was done as part of an unintentional mistake and not to augment oneself or a particular assembly.