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Zaskia Hanyfah
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Law, Crime, Criminology & Criminal Justice

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ANALISIS PENGHITUNGAN KERUGIAN NEGARA DARI HASIL DUGAAN TINDAK PIDANA KORUPSI YANG DILAKUKAN OLEH PT. TIMAH (Tbk) Zaskia Hanyfah; Agnes Oktapia; Mirtha Tirta P
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): MEI
Publisher : INTELIGENSIA MEDIA

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Indonesia was shocked by the alleged corruption case amounting to hundreds of trillions of rupiah which shocked the public, and to this day there are still many questions about this case. This time the mining industry has become the object of criminal practices of corruption which are currently in the spotlight and polemic in Indonesia. PT. Timah (Tbk) is suspected of committing criminal acts of corruption with its illegal mining from 2015 to 2022 and causing state losses estimated at IDR 271 trillion. However, the first question that arises is where the figure for the country's losses came from. The method used in this research is normative juridical, namely by approaching rules, regulations, norms and articles related to the alleged PT Timah corruption case. This research aims to determine the calculation of total state losses of IDR. 271 trillion from the proceeds of PT Timah (Tbk)'s alleged illegal mining corruption practices. The results of this research show that the value of state losses from alleged corruption in illegal tin mining carried out by PT. Timah (Tbk) throughout the 2015-2022 period has caused losses of IDR. 271. 069,688,018,700, where the value of the total loss comes from environmental (ecological) losses amounting to IDR. 157,832,395,501,025, environmental economic loss of IDR  60,276,600,800,000, and environmental restoration costs of IDR 6,257,249,726,025. Apart from that, there are also losses outside the forest area of around IDR. 47,703,441,991,650.
PANCASILA SEBAGAI SISTEM FILSAFAT DALAM KONSEP HUKUM DI INDONESIA Zaskia Hanyfah; Agnes Oktapia; Mirtha Tirta P; Dhea Amalia Fatikha; Zainudin Hasan
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): MEI
Publisher : INTELIGENSIA MEDIA

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Article 1 Paragraph 3 of the 1945 Constitution confirms that Indonesia is a country that adheres to a legal system or in other words Indonesia is a country of law. Therefore, in its application the concept of the rule of law in Indonesia must be in harmony with the values that live and develop in society. Pancasila is an embodiment and strengthening of the noble norms of the Indonesian people whose existence is very important in implementing the concept of the rule of law in Indonesia. Therefore, the application of legal concepts in Indonesia requires Pancasila as its philosophical basis. The method in this research uses a normative juridical method, namely by examining positive law from various aspects, one of which is the theoretical, historical and philosophical aspects that bind the legal system used. The aim of this research is to understand the concept of law in Indonesia based on the Pancasila philosophical system. The results of this research show that The results of this research show that Pancasila can be called a state philosophical system because in essence all legal formation as well as its application and implementation cannot be separated from the values of Pancasila as Staatsfundamentalnorm. Furthermore, the legal concept in Indonesia which is based on the Pancasila philosophical system has the characteristics of being pluralistic in society, diverse in culture, polite and courteous in religion, as well as order in maintaining other social values.
Co-Authors Agnes Oktapia Dhea Amalia Fatikha Mirtha Tirta P Zainudin Hasan