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Journal : JURNAL ILMIAH ADVOKASI

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.