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Accountability of Military Members as Perpetrators of Corruption in Defense Equipment Procurement Rahayu, Dewi; Wicaksana Prakasa, Satria Unggul
Academos Vol 1 No 1 (2022): ACADEMOS Jurnal Hukum dan Tatanan Sosial
Publisher : Faculty of Law, University of Muhammadiyaha Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/aca.v1i1.14016

Abstract

Corruption courts are the only judiciary that takes sides in examining, adjudicating, and deciding corruption cases in Indonesia. However, in fact, in handling cases of corruption crimes committed by members of the military, those who have the right to prosecute are military officials and those who can carry out investigations are prosecutors in the military environment. Therefore, this study aims to find out how the role of the Military Court in handling corruption cases in the defense equipment procurement sector. The legal question posed is ; 1.) What is the Criminal Liability of Military Members Who Commit Corruption In The Procurement of Defense Equipment?, and 2.) What are the legal mechanisms that can be carried out in the enforcement of corruption in the procurement of defense equipment? This research uses socio-legal methods. The results of this study argue that 1.) Legal liability for members of the military who commit criminal acts remains in the race against Law No. 31 of 1997 as amended by Law No. 20 of 2001. 2.) There needs to be transparency from defense equipment procurement data so that it can facilitate monitoring or supervision related to goods and services.
Legal Accountability of Budget Authorities in Refocusing Corona Virus Disease 19 Aprilianti, Rindi; Prakasa, Satria Unggul Wicaksana
Academos Vol 1 No 2 (2022): ACADEMOS Jurnal Hukum dan Tatanan Sosial
Publisher : Faculty of Law, University of Muhammadiyaha Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/aca.v1i2.14329

Abstract

ABSTRACTThis study focuses on analyzing the legal accountability of budgetary power in refocusing covid-19. According to data from Indonesia Corruption Watch (ICW), state losses in 2020 amounted to Rp. 18.173 trillion, while in 2021, state losses due to corruption cases amounted to Rp. 26.83 trillion. this is in line with the case of social assistance provided by the government including the PKH (Hope Family Program), the Basic Food Card Program, the Bulog Rice Assistance Program, and the BST (Cash Social Assistance) Program. Related legal issues raised and analyzed, 1) Discussion on legal accountability (KSSK) in the analysis of article 27 paragraph (2) Perppu No.1 of 2020 and 2) Legal efforts in enforcing the COVID-19 budget refocusing. Using social-legal methods. The results of the study based on 1) Article 27 paragraph (2) of Perppu No.1 of 2020 and Government Regulations of Presidential Instruction No. 4 of 2020 show the enforcement of budget refocusing by placing the position of regional heads or executive organs in budgeting and budget execution issues. With criminal justice with imprisonment and fines in accordance with Article 12 letter a of Law of the Republic of Indonesia Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption as amended in Law of the Republic of Indonesia Number 20 of 2001. 2) Strengthening the mechanism of the role of law enforcement in the budget refocusing system is needed by maximizing implementation of the rules of corruption during the Covid-19 pandemic effectively and provide a deterrent effect through a letter of claim.
Pendampingan Hukum UMKM Berbasis E-Commerce di Desa Jarak, Kec.Wonosalam, Jombang Wicaksana Prakasa, Satria Unggul; Supriyono, Agus
Humanism : Jurnal Pengabdian Masyarakat Vol 1 No 1 (2020): April
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/hm.v1i1.4543

Abstract

Tumbuhnya industri Usaha Menengah, Kecil, Mikro/UMKM serta kesadaran masyarakat untuk menggerakkan perdagangan berbasis digital (e-commerce) menjadi kunci perekonomian Indonesia stabil. Metode pendampingan hukum UMKM berbasis e-commerce dilakukan dengan kegiatan pelatihan, sosialisasi, dan workshop dengan melibatkan beberapa pihak terkait, seperti perangkat desa, dan asosiasi petani dan peternak sekitar yang mulai dilakukan antara 26 Juli – 26 Agustus 2019, bertempat di Desa Jarak, Kecamatan Wonosalam, Kab. Jombang. Fokus kegiatan pendampingan hukum UMKM berbasis e-commerce adalah bagaimana meningkatkan upaya kesadaran warga Desa Jarak, Kec.Wonosalam, Kab.Jombang untuk memperhatikan aspek legalitas perizinan usaha yang dijalankan, seraya melakukan berbagai macam pengolahan berbagai macam produk olahan yang berasal dari sektor perkebunan dan peternakan, yang dalam hal ini fokus pada produk olahan susu.Komoditas susu sebelumnya tidak memiliki nilai ekonomi, namun dengan diversifikasi olahan susu mampu menjadi nilai tambah bagi UMKM. Selain itu, pemanfaatan potensi alam juga menjadi nilai tersendiri bagi masyarakat Desa Jarak, Kec.Wonosalam, Kab. Jombang untuk menawarkan  jasa edu-wisata alam milky village, yang semuanya bergantung pada pemanfaatan maksimal e-commerce dengan pendekatan partisipatoris masyarakat. Kesimpulan dari pendampingan hukum UMKM Berbasis E-commerce adalah Perlu kesadaran kolektif bagi Masyarakat Desa Jarak, Kec.Wonosalam, Kab.Jombang melalui usaha partisipatif antara kelompok usaha masyarakat, ibu rumah tangga, serta karang taruna, dan entitas sosial lainnya untuk menjadikan proses perizinan hukum beserta dokumen-dokumen kelengkapannya dapat dipenuhi, sehingga kepastian hukum dan jaminan bagi konsumen maupun wisatawan dapat terjaga dengan baik. Selain itu, perlu dorongan Pemerintah dan instansi vertikal desa wisata dan geliat UMKM yang semakin tumbuh melalui pemanfaatan e-commerce dengan menggandeng kelompok masyarakat dan perguruan tinggi. Agar, diversifikasi olahan tersebut dapat menambah fnilai komoditas barang dan jasa (wisata) yang ditawarkan, dan mempercepat pertumbuhan ekonomi warga berbasis partisipatoris.Kata Kunci: Pendampingan Hukum, UMKM, e-commerce
Cultural Radicalization Cons as an Effort to Eradicate the Crime of Terrorism in Indonesia Arifin, Samsul; Achmad Hariri; Satria Unggul Wicaksana Prakasa; Asis, Asis
JUSTISI Vol. 10 No. 2 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i2.2935

Abstract

Radicalism, which is the main root of a person becoming a terrorist, is a fact that to fight the spread of radicalism, law enforcement is not enough. On the one hand, social conditions also significantly influence efforts to counteract radicalism. From these problems, the question of this research is how socio-culture works in counteracting radicalism. The method used in this study is Socio-legal-based legal study. Further, this study aims to understand and elaborate that socio-culture influences efforts to fight the spread of radical ideas and eradicate criminal acts of terrorism in Indonesia. The results of this study show that in society, there has been cultural radicalization cons through community activities, which have succeeded in countering the spread of radicalism.
Forestry Sector Corruption and Oligarchy: A Case Study of the Laman Kinipan Indigenous People, Central Kalimantan Satria Unggul Wicaksana Prakasa; Achmad Hariri; Samsul Arifin; Asis Asis
Unnes Law Journal Vol. 8 No. 1 (2022): April, 2022
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v8i1.37359

Abstract

Corruption is a serious problem in the rule of law development and sustainable development efforts. Law enforcement for weak environmental destroyers. On the other hand, the corruption process that is conducted involves a very strong power network and has impunity. This paper used a socio-legal based legal research method. Corruption in the forestry sector in Indonesia not only harms the state financially, but also creates environmental degradation that has an impact on human rights violations for the Laman Kinipan indigenous people. The Laman Kinipan indigenous people as victims of environmental damage have the right to get a solution from the perspective of being victims of environmental damage, both in the context of criminology, access to responsibility and accountability for environmental damage, then the impact of community sociology recovery, ensuring for perpetrators of environmental damage receive appropriate sanctions, as well as recovery in a collective sense. An effective anti-corruption mechanism with programs and compliance intended for business people and the government in preventing bribery corruption in the licensing sector, especially for PT.SML and the concession management circle at Laman Kinipan. Strengthening the concept of strict liability is a very strategic option in this era of industrialization to prevent environmental damage from corruption in the forestry sector.
Mitigation of Bribery of Pharmacy Companies With Doctors in Review of Indonesian Anti-Corruption Law Tias Dwi Okmalasari; Satria Unggul Wicaksana Prakasa
Socio Legal and Islamic Law Vol 2 No 2 (2023): The Journal of Socio-Legal and Islamic law
Publisher : Faculty of Law, Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/jssl.v2i2.22355

Abstract

At the end 2015 team​ Tempo Magazine was successful reveal exists case bribery committed by one​ company pharmacy that is Interbat against 2,125 doctors (Kompas , 2015). The indicator is the more the height price medicine and services health If We use service doctor (May T, 2017). Bribery the given in form of money and facilities other , Interesting sake Avoid KPK variations bribe No just money, but in form of sponsorship ( Prihartini , et.al, 2020). This is also caused interest financial from company pharmaceutical order for the drug to be produced in demand sold on the market . Apart from status doctor Civil Servant , profession There are also doctors with status as doctor private sector is opening place practice independent ( Fitri Z, 2018). Laws in circulation only status doctor​ Only civil servants can be ensnared​ with the Corruption Law , even though Non- State Servant doctors or doctor private sector can also snared with the Code of Ethics Law profession medicine ( Handayani , 2021). This research answers the questions (1) What is the influence of the form of bribery mitigation carried out by pharmaceutical companies with doctors? (2) How effort law in prevention And enforcement practice bribes to doctors by companies pharmacy in anti- corruption law Indonesia ? In research This writer use method research sociolegal with aspect review of the political economy of law that uses approach interdisciplinary , Research results This reveal that  there is influence giving something to doctor by the company pharmacy to freedom and independence doctor in write recipe drug  to patient as well as form of legal action for the receiving doctor bribe can snared with deed arranged bribes​ in articles 12B and 12C of the law Corruption ( action criminal corruption ) and prevention efforts bribe with ISO 37001:2016. Keywords : Pharmaceutical Companies, Bribery , Doctors
Analysis of China's 9-Dash Line Claim in the South China Sea Under International Law Muhammad Ibrahim Akbar; Satria Unggul Wicaksana Prakasa
Socio Legal and Islamic Law Vol 2 No 2 (2023): The Journal of Socio-Legal and Islamic law
Publisher : Faculty of Law, Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/jssl.v2i2.22430

Abstract

The South China Sea area is an area that has a lot of potential. Its very strategic role in various fields such as politics, economics, and security makes it the largest water area with great potential. It contains 266 trillion cubic feet of gas reserves and 7.7 billion barrels of oil reserves. This is the cause of the dispute that occurred in the South China Sea (Luh Gede, et al 2022). There is a clash of diplomacy cultures between ASEAN with the "ASEAN Way" which upholds the principles of non-intervention and consensus and China with direct diplomacy efforts to related countries. (Ali Maksum 2017) The need for a large role from the government to make new, firmer policies to increase the strength of the sovereignty of the Republic of Indonesia. (Atikah, et al 2021) The importance of peace diplomacy efforts at the bilateral, regional level can be focused on efforts to resolve the South China Sea dispute. (Yuli, et al 2021) The need for China to respect the decision of the Permanent Court of Arbitration (PCA) so that it can be resolved in a peaceful manner. (Dessy, et al 2018). This research will focus on (1) What types of violations of state sovereignty committed by China over the South China Sea claims and (2) How dispute resolution efforts can be taken by the South China Sea region countries and the UN according to UNCLOS 1982. This research method adopts quantitative and qualitative research methods from various social sciences and sees legal issues as a social event. The results in this study show that the dispute over the South China Sea region between China and the country sliced by the Nine Dash Line map still does not show a bright spot and the existing disputes will continue to recur and develop over time due to differences in principles between the parties to the dispute. On the one hand, China sticks to historical theory, while other countries that are sliced also use historical theory which is also accompanied by the determination of territorial boundaries contained in UNCLOS 1982. In this case, good faith between countries is needed by making mediation efforts in order to reach a peaceful agreement. However, if this is still deemed unable to resolve the existing dispute, then another step that can be used is through the decision of the International Court of Justice (ICJ).
Indonesia's Trade Policy In Responding To Free Trade In The Midst of Uncertain Conditions Rubiati Rubiati; Satria Unggul Wicaksana Prakasa
Journal of Private and Commercial Law Vol. 8 No. 1 (2024): May, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v8i1.382

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Free trade widens the gap between developed and developing countries, according to Global Food Security Index data, Indonesia is ranked fourth in ASEAN with a score of 60.2. Indonesia's score is still low compared to the global average of 62.2. It is necessary to emphasize the role of the government to realize laws and policies with the right budget allocation to encourage the performance of a more competitive business environment. This research answers the politics of free trade law amid uncertain conditions in Southeast Asia and the Indonesian government's protection of business people in free trade. By using socio-legal research methods based on an interdisciplinary approach, the author realizes that normative legal research is not enough to analyze free trade policies, so socio-legal research is needed to explain the relationship between law and community facts comprehensively. The results of this study answer that Indonesia as a member of the Association of Southeast Asian Nations (ASEAN) which has currently developed the ASEAN Free Trade Area (AFTA) policy seeks to reduce intra-regional tariffs among its members through the Common Effective Preferential Tariff (CEPT) Scheme. The World Trade Organization (WTO) is expected to bridge all the interests of countries in the world in the trade sector. Legal protection for business people exists because of the legality of the business. One form of protection of the Indonesian government is the promulgation of various legal regulations governing economic activities and free trade.
Empowering the Next Generation: Bold Strategies to Combat Corruption and Foster Integrity Among Youth Satria Unggul Wicaksana Prakasa; Ida Nuriya Fatmawati
Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI Vol. 7 No. 1 (2024): (January-June, 2024)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v7i1.8544

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Corruption remains a significant barrier to social, political, and economic progress globally, and the role of youth in shaping a more transparent and ethical society is crucial. This study explores effective strategies to combat corruption and instill values of integrity among young people. The research highlights the importance of anti-corruption education as a key strategy in overcoming corruption and building integrity. A collaborative effort between the Muhammadiyah Youth Branch Leader of Krembangan Branch and the Faculty of Law, University of Muhammadiyah Surabaya has led to the implementation of an anti-corruption education program in Morokrembangan Village. The primary goal of this initiative is to raise awareness, enhance knowledge, develop skills, and foster concrete actions among youth to actively fight corruption. The collaboration between youth, local government, and civil society is fundamental to the program's success, positioning it as a pioneering effort to combat corruption and build integrity at the grassroots level. The program is designed to provide participants with an in-depth understanding of the dangers of corruption and the importance of integrity in daily life. It equips youth with the practical knowledge and skills needed to recognize, report, and prevent corruption. Additionally, by involving youth in the oversight of development projects and promoting transparent community services, the program seeks to inspire similar initiatives in other regions. The study concludes by emphasizing that empowering youth through education, advocacy, and active participation is key to fostering a future generation committed to transparency, integrity, and accountability.
Academic Freedom Movement in Southeast Asian: Threat, Challenge, and It’s Implication in Indonesia Satria Unggul Wicaksana Prakasa
South East Asian Journal of Advanced Law and Governance (SEAJ-ALGov) Vol 1 No 2 (2024): Public Law and The Risk of Democration Regression
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/seajalgov.v1i2.16162

Abstract

This research focused on analyzing the debates and roles of academic freedom movement in Southeast Asian. The dynamics of protection related to academic freedom cannot be separated from its protection on the one hand and the threats accompanying it. The issue of academic freedom creates a threat to the academic community in producing knowledge, both within universities and those who are active as independent researchers, especially in Southeast Asian. Authoritarianism, in turn, has affected the worse situation of free expression, including academic freedom. In the current situation, the digital sphere has been targeted as well. This article will discuss the following questions: (1). What is the situation of the academic freedom movement and protection for the academic community in Southeast Asia? (2). How are efforts to maintain the movement of academic freedom in Southeast Asia, especially in Indonesia, amid efforts to subjugate the campus by the state and the practice of authoritarianism? Using an interdisciplinary approach as a part of socio-legal research, this article argued that there is a strong relationship between the threat of academic freedom movement in Southeast Asian countries and the implications in Indonesia. The academic freedom situation in Southeast Asia has been shaped by the political and economic aspects of the region as well as in their respective countries. The role of independent and progressive alliances to struggle for their rights or to understand the role of professor unions in defending academic and scientific freedom. To what extent is academic freedom considered a strong pillar for democratic societies, including providing important scientific, economic, cultural, and social progress from which we may all benefit? This roundtable is also aimed to promote possible strategies in challenging democracy declines, affecting the shrinking civic space, and how academic resilience in the digital space is a keyword that should be strengthened in its social movement since this will be more complicated due to manipulating information and anti-science politics through systematic repression.