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EKSAMINASI PUTUSAN SAH ATAU TIDAKNYA PENETAPAN TERSANGKA DEMI KEADILAN (STUDI KASUS PUTUSAN NOMOR 1/PID.PRAP/2022/PN SOS) Kolono, Sucipto; Sumanto, Listyowati
Ensiklopedia Education Review Vol 6, No 3 (2024): Volume 6 No 3 Desember 2024
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eer.v6i3.2850

Abstract

Abstract: This research analyzes the examination of pretrial decisions regarding whether or not the determination of a suspect in a criminal corruption case is valid or not. The case study discussed is Pretrial Decision Number 1/Pid.Prap/2022/PN Sos which decided on the validity of the suspect's determination without the results of an audit from the Financial Audit Agency (BPK). This normative legal research highlights the role of BPK audits as mandatory evidence in determining state losses in accordance with Law Number 15 of 2006. In-depth analysis shows that the absence of such audits can affect the validity of the investigation process and determining suspects. This study underlines the importance of implementing the principles of presumption of innocence, transparency and compliance with criminal procedural law. Thus, this research contributes to efforts to monitor clean, fair and professional judicial processes in Indonesia.Keywords: Examination, Pretrial, Corruption Crimes, Financial Audit Agency, Determination of Suspects.
FENOMENA TREDING IN INFLUENCE DALAM TINDAK PIDANA KORUPSI TANTANGAN PENEGAKAN HUKUM DAN PEMERINTAHAN INDONESIA Kolono, Sucipto; Widjajanti, Ermania
Ensiklopedia Education Review Vol 6, No 3 (2024): Volume 6 No 3 Desember 2024
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eer.v6i3.2846

Abstract

Abstract: The phenomenon of "Trading in Influence” in corruption crimes is a major challenge for law enforcement in Indonesia. The method in writing is Normative looking at legislation, norms, court decisions and expert opinions. the absence of specific regulations in the Indonesian legal system to ensnare perpetrators of “Trading in Influence.” This paper looks at how this legal weakness allows corruption involving influence to continue without effective sanctions, and explores legal reform solutions to strengthen Indonesia's anti-corruption legal framework. This practice involves individuals or groups utilizing the influence of their power, either as public officials or external parties, to influence government decisions for personal gain. Although Indonesia has ratified the United Nations Convention Against Corruption (UNCAC), regulations related to influence peddling have not been fully accommodated in the law. This study highlights the importance of legal reforms that can ensnare all actors who are outside the Government but are involved in influencing Public policy in order to close loopholes and legal gaps, in order to minimize the adverse impact of corruption on public trust and public welfareKeywords: Corruption, Corruption Crime, Treding in Influence
PENGUJIAN KEMBALI PUTUSAN PRAPERADILAN TENTANG SAH ATAU TIDAKNYA PENETAPAN TERSANGKA PUTUSAN NOMOR 1/Pid.Prap/2022/PN Sos Kolono, Sucipto; Gultom, Elfrida Ratnawati; Rahmawan, Dhany; Indirahati, Novina Sri; Bustani, Simona
Ensiklopedia of Journal Vol 7, No 2 (2025): Vol. 7 No. 2 Edisi 3 Januari 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v7i2.2835

Abstract

This research focuses on examination or testing and public judgment, because examination aims to encourage law enforcers, such as judges and prosecutors to uphold the law based on good judgment, the research used is normative, through secondary data such as laws and regulations, court decisions, expert opinions and legal norms. So the author is interested in examining Pretrial Decision Number 1/Pid./2022/PN Sos at the Soasio District Court of Tidore Islands, North Maluku, this case involves Ailen Goeslaw, as Head of the Youth and Sports Office (KADISPORA), to see if it is in accordance with the legal process in Pretrial regarding the Determination of Suspects, at that time suspected of committing Corruption Crime related to the Construction of the Maba City Stadium, East Halmahera, North Maluku. Ailen Goeslaw was named as a suspect by the East Halmahera District Attorney's Office because it was deemed sufficient to fulfill two pieces of evidence related to the State financial losses incurred. Through his attorney, Ailen Goeslaw then filed a pretrial to test whether the determination as a suspect was in accordance with legal procedures. However, the judge of the Soasio District Court, Tidore Islands, North Maluku. Decided that the determination of the suspect was in accordance with legal procedures,Keyword: .Public examination, Preterial, Suspect determination, .coruption
DIVERSI SEBAGAI UPAYA MEMINIMALISIR PENYELESAIAN PERKARA ANAK YANG BERKONFLIK DENGAN HUKUM Kolono, Sucipto; Nurmayana, Suri; Juliani, Wenny; B, Meky Yadi Saputra; Widjajanti, Ermania
Ensiklopedia of Journal Vol 7, No 4 (2025): Vol. 7 No. 4 Edisi 2 Juli 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v7i4.3282

Abstract

Abstract: This paper discusses the implementation of diversion as a form of solution to criminal cases of children with legal problems outside the formal legal institution mechanism. Diversion is seen as a humanist solution because it puts forward the basis of restorative justice and protection of children's rights, as contained in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA). This study uses a theoretical approach through child protection theory and restorative justice theory, and highlights the effectiveness of diversion in practice, including various challenges faced from normative, structural, cultural, to technical operational aspects. The results of the study show that the implementation of diversion has not run optimally due to limited regulations, lack of understanding of the apparatus, lack of supporting infrastructure, and community resistance to non-retributive approaches. In addition, the inconsistency of evaluative data and uneven implementation between regions also worsen the condition. Therefore, it is necessary to strengthen regulations, increase the capacity of human resources, enlighten the community, and synergize between institutions to ensure the implementation of effective and equitable diversion. Diversion that is carried out substantially is expected to be a means of social rehabilitation and long-term protection for children in the Indonesian legal system.Keywords: diversion, children in conflict with the law, restorative justice, child protection, UU SPPA.