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All Journal International Journal of Law, Crime and Justice International Journal of Sociology and Law
Ritian Handayani
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Law, Crime, Criminology & Criminal Justice

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Legal Review of the Eradication of Criminal Acts of Corruption in Indonesia Based on Legal and Moral Approaches Ritian Handayani; Yasmirah Mandasari Saragih
International Journal of Sociology and Law Vol. 2 No. 1 (2025): International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i1.386

Abstract

This article proposes to review the handling of corruption cases in terms of juridical and morality in Indonesia. This study is a normative legal study with descriptive analysis. This study uses a philosophical approach and a conceptual approach to determine the efforts made by the government to overcome corruption in Indonesia from the juridical and moral aspects of the Indonesian people based on the Pancasila Ideology. Efforts to eradicate corruption have not been able to be overcome optimally because they are spread sporadically in Indonesia. Obstacles are occurring structurally, culturally, instrumentally and management. Prevention and eradication of corruption must be emphasized as the moral responsibility of the Indonesian people. Because it will be one of the biggest threats to the existence of the Indonesian nation. Prevention of corruption must be carried out systematically by strengthening regulations and conducting international cooperation on the issue of corruption as a crime against Human Rights throughout the world, especially in Indonesia. That aspect of law enforcement in eradicating criminal acts of corruption requires the role of all parties involved in achieving the target of eradicating corruption that is rampant in Indonesia, there are four factors causing corruption; political and legal factors, historical factors, social factors and cultural factors, and economic factors. Concrete solutions in eradicating corruption are needed by Indonesia to redesign public services, strengthen transparency, supervision and sanctions against government activities related to the economy and human resources, increase the empowerment of supporting instruments in preventing corruption and to ensure that law enforcement is free from corruption. The strategy to eradicate corruption must be built with the will of all parties who want to eradicate corruption itself, by not giving the slightest tolerance in the act of corruption itself. In realizing an effort to eradicate corruption itself, it requires determination in meeting the prerequisites in terms of existence driven by political ability and will and a strong commitment from all parties, transparent and accountable in its implementation, available and balanced resources and capacity.
Juridical Review of Pretrial Proceedings Against the Determination of a Suspect in the Crime of Maltreatment Ritian Handayani; Yasmirah Mandasari Saragih
International Journal of Law, Crime and Justice Vol. 2 No. 1 (2025): March : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v2i1.416

Abstract

Examination of a criminal case in a judicial process essentially aims to find the material truth, namely the complete truth of a criminal case by applying the provisions of criminal procedural law honestly and in a timely manner with the aim of finding out who the perpetrator is who can be charged with committing something. violation of law. Making a post mortem et repertum gives the full duty to the doctor as an implementer in the field to assist the prosecutor in determining the direction of the charges that will be brought against the defendant, as well as assisting the judge in finding the material truth in deciding the criminal case. This research includes normative legal research, so the legal materials used are primary, secondary and tertiary legal materials. The technique for collecting legal materials that will be used as a source in this research is library research, namely collecting legal materials by reading statutory regulations, official documents, journals, articles from the internet, and other literature that is closely related to The issues discussed are based on secondary legal materials. The presence of the Pretrial Institution provides a warning that law enforcers must be careful in carrying out their legal actions and every legal action must be based on applicable legal provisions, meaning that they must be able to exercise restraint and distance themselves from arbitrary actions. Thus, it is clear that organizing pretrial proceedings is not an easy task considering that the activities of one law enforcement agency to assess and test the work patterns of other law enforcement agencies is definitely work that must be carried out carefully and mastering all law enforcement mechanisms. The judiciary in Indonesia, one of whose tasks is to examine laws against the constitution, is what we often call judicial review. This judicial review is carried out to protect the rights of citizens who feel disadvantaged by the enactment of a law. In this case, what concerns the author is the judicial review of article 77 of the Criminal Procedure Code, which in this article is felt to be detrimental to someone who is designated as a suspect by investigators, because the article does not regulate the determination of suspects as pre-trial objects.
Co-Authors Yasmirah Mandasari Saragih