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CORPORATE CRIMINAL LIABILITY CAUSED BY TENDER CONSPIRACY FOR GOODS/SERVICE PROCUREMENT THAT LEADS TO CORRUPTION Tanjung, Ahmad Feri; Sianturi, Ronald Hasudungan; Naldo, Rony Andre Christian
Jurnal Ilmiah Advokasi Vol 12, No 4 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i4.6547

Abstract

Tender conspiracy in goods/services procurement activities is prohibited. The legal fact is that in the procurement of goods/ services activities, there was a tender conspiracy which resulted in a criminal act of corruption. This research discusses tender conspiracies by corporations in goods/services procurement activities that lead to corruption. In this regard, this research is focused on examining corporate criminal liability due to tender conspiracies in goods/services procurement activities, which lead to criminal acts of corruption. This research is prescriptive analytical in nature, using normative juridical methods, using a statutory approach, concept approach and case approach. The type of data used is secondary data. The results of the research concluded that corporate criminal liability due to a tender conspiracy in the procurement of goods/services, which resulted in a criminal act of corruption, is that the corporation is subject to criminal liability with sanctions in the form of paying criminal fines, paying replacement money, and revoking the right to participate in government project auctions for 6 (six) months.Key Words: Corporations, Conspiracies, Corruption.
LIABILITY OF EMPLOYEES CORRUPTION ERADICATION COMMISSION CAUSE EMBEZZLEMENT OF EVIDENCE Sianturi, Ronald Hasudungan; Tanjung, Ahmad Feri; Naldo, Rony Andre Christian
Jurnal Ilmiah Advokasi Vol 12, No 4 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i4.6359

Abstract

In carrying out law enforcement against suspected perpetrators of criminal acts of corruption, the CEC has the right to confiscate evidence. Regarding the evidence that has been confiscated, it is hoped that CEC employees will carry out their dutys to store the evidence. The legal fact is that one of the CEC employees embezzled evidence. This research discusses the duty of CEC employees to store confiscated evidence. In this regard, this research is focused on examining the liability of individual CEC employees for embezzling evidence. This research is prescriptive analytical in nature, using normative juridical methods, using a statutory approach, concept approach and case approach. The type of data used is secondary data. The results of the research concluded that according to the code of ethics, the responsibility of individual CEC employees for embezzling evidence is dishonorable dismissal. In terms of Criminal Law, the liability of individual CEC employees for embezzling evidence can be subject to a basic crime with a maximum threat based on the provisions of Article 374 of the Criminal Code, which is accompanied by additional penalties.Key Words: Employees, Embezzlement, Evidence.
REGENT’S LIABILITY FOR RECEIVING BRIBERY OF PROCUREMENT OF GOODS/SERVICES Tanjung, Ahmad Feri; Sianturi, Ronald Hasudungan; Christian Naldo, Rony Andre
EKSEKUSI Vol 7, No 1 (2025): Eksekusi : Journal Of Law
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/je.v7i1.37462

Abstract

This article aims to examine the application of criminal liability to the Regent because he received bribes related to the procurement of goods/services. The act of receiving bribery is an action that is contrary to the law, especially the provisions of Article 12 B of Law Number 20 of 2001 Concerning Eradication of Corruption Crimes. The problem is focused on the application of the criminal liability of the Labuhan Batu Regent because he received bribes related to the procurement of goods/services. The theory used in analyzing the problem approach is the Theory of Criminal Liability put forward by Dwidja Priyatno. According to Dwidja Priyatno, criminal liability was born with an objective reproach against actions stated as criminal acts based on applicable criminal law, and subjectively to perpetrators who meet the requirements to be criminalized because of their actions. Data are collected through primary legal materials, secondary legal materials, as well as tertiary legal materials, and are analyzed qualitatively. This study concluded that the criminal liability applied to the Labuhan Batu Regent because receiving bribes related to the procurement of goods and services is in the form of imprisonment, criminal fines, additional crimes paying replacement money, and additional crimes in the form of revocation of the right to be elected
Optimizing the Recovery of Corrupt Assets from the Perspective of Economic Rights and Human Security in Indonesia Sianturi, Ronald Hasudungan
Khazanah Hukum Vol. 7 No. 2 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i2.44974

Abstract

This study aims to analyze the optimization of corrupt asset recovery in Indonesia through the revision of the replacement money policy. The current policy, which is regulated in Indonesia’s anti-corruption criminal law, often faces implementation challenges, such as difficulties in tracing and confiscating assets and the minimal amount of assets recovered compared to the total state losses. These weaknesses reduce the effectiveness of asset recovery and weaken the deterrent effect on corruption perpetrators. The research uses a normative legal method with a statutory and comparative approach. Legal provisions related to the replacement money policy in Indonesia are reviewed and compared with best practices from other countries that have implemented more effective asset recovery mechanisms, and the analysis also involves legal interpretation and evaluation of policy implementation in corruption cases. The results show that revising the replacement money policy is urgently needed to enhance the legal framework and enforcement mechanism. Strengthening the execution process, improving the clarity of confiscation procedures, and encouraging the use of digital tracing technologies and institutional collaboration can significantly increase the effectiveness of asset recovery. This policy reform is expected to provide a stronger deterrent effect, support transparency and accountability in law enforcement, and contribute to sustainable anti-corruption efforts in Indonesia.
Legal analysis of the application of ultimum remedium towards state officials' discretion causing state financial losses Sianturi, Ronald Hasudungan
Priviet Social Sciences Journal Vol. 5 No. 9 (2025): September 2025
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v5i9.667

Abstract

This study aims to analyze the application of the ultimum remedium principle to discretionary actions by state officials that result in financial losses to the state. In practice, the law enforcement of discretionary actions often gives rise to debates between protecting the freedom of administrative decision-making and enforcing criminal law within the framework of corruption eradication. This study uses a normative legal method with a statute, conceptual, and case study approach, which allows for a comprehensive analysis of the applicable legal framework and its implementation practices. The results show that the application of the ultimum remedium principle is in line with the principle of due process of law and the protection of legitimate discretion, as long as it meets the elements of compliance with procedures, is based on good faith, and is not motivated by self-enrichment or other motives. Thus, criminal law is truly applied as a means of last resort, achieving a balance between protecting public officials with integrity and effective law enforcement to realize good governance, where policy innovation and courage to make decisions are protected, without neglecting accountability and integrity in government administration.
PERLINDUNGAN HUKUM TERHADAP INVESTOR DALAM PERJANJIAN PINJAM MEMINJAM SECARA ONLINE (PEER TO PEER LENDING) DI PLATFORM TANIFUND Dayanty, Asty Thania; Pasaribu, Chrisnoven; Syahfitri Sigalingging, Yeni; Alvines, Alvines; Hasudungan Sianturi, Ronald
UNES Law Review Vol. 3 No. 4 (2021)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v3i4.198

Abstract

Through P2P Lending, we can invest. The purpose of this research is to analyze the parties responsible for the Loan Facility Distribution Agreement on the TaniFund Platform, along with legal protection for investors. In this research, we used juridical-normative and descriptive research..Theresults ofthis studyare basedon the agreementon theTaniFundplatform, the lender iscategorized as alender where the organizer is not responsible for the risk of borrowing and interest losses due to default of the loan recipient. Legal protection for investors is stated in article14 LawNumber 25of2007 concerning Investment. Based on agreements on the TaniFund platform, lenders can conduct deliberations or sue to the general court inthe eventof adispute with the organizer. Researchers hope that the government can be more optimal in supervising P2PLending platforms in Indonesia, so that organizers do not arbitrarily include the transfer of responsibility in making standard agreements that can harm investors.
Peranan CSR dalam Mendorong Adaptasi Perubahan Iklim bagi Kelompok Agrosakamilenial untuk Mewujudkan Desa Tumpatan Nibung sebagai Agroekoedutourism: Pengabdian Arisandy Aruan, Deasy; Hasudungan Sianturi, Ronald; Feri Tanjung, Ahmad; Nurhayati; Nurdiansyah, Hafiz; Khairunissa, Liandra; Dirhamsyah
Jurnal Pengabdian Masyarakat dan Riset Pendidikan Vol. 4 No. 2 (2025): Jurnal Pengabdian Masyarakat dan Riset Pendidikan Volume 4 Nomor 2 (October 202
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/jerkin.v4i2.3938

Abstract

This community service activity aims to enhance the capacity of the Agrosaka Milenial Community-Based Tourism Group group in adapting to climate change through the support of Corporate Social Responsibility (CSR). The program was implemented on October 25, 2025, in Tumpatan Nibung Village, Batang Kuis District, involving 30 farmers. The methods included climate change awareness sessions, training on climate adaptation technologies, an agroeco-edu-tourism planning workshop, and a Focus Group Discussion (FGD) to draft an adaptation action plan supported by CSR. The results indicate improved farmer awareness of climate risks, adoption of environmentally friendly technologies such as drip irrigation and organic fertilizer processing, and the development of an initial concept for agroeco-edu-tourism. It is concluded that CSR–farmer collaboration strengthens climate readiness and supports sustainable village development.