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Journal : Progressive Law Review

CRIMINAL LIABILITY FOR FRAUDULENT PRACTICES IN THE SELECTION EXAMINATION FOR CIVIL SERVICE CANDIDATES (CASN) Syahrani, Dhiva; Deni Achmad; Firganefi; Tri Andrisman
Progressive Law Review Vol. 7 No. 1 (2025): APRIL 2025
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/prolev.v7i1.293

Abstract

Cheating on the Civil Service Candidate (CASN) test is an unlawful act committed by an individual or group of individuals that can damage the integrity of the civil service selection process. This act is carried out by manipulating electronic documents in the Civil Service Candidate selection test to make it appear as if the applicant's data is authentic in order to take the test (CASN). Perpetrators may be held criminally liable, either individually or jointly, according to their role in the crime. Therefore, what form of criminal liability does cheating on the Civil Service Candidate (CASN) selection test take. This study uses a normative legal approach supported by empirical legal evidence using the applicable laws and regulations as well as literature studies and interviews with sources in this study consisting of judges at the Tanjung Karang District Court and lecturers from the Criminal Law Department of the Faculty of Law at the University of Lampung. Descriptive qualitative data analysis The results of the research and discussion show that the defendant's criminal liability for manipulating personal data in the Civil Service Candidate Selection System (SSCASN) based on Decision Number 510/Pid.Sus/2024/PN TJK is based on two main elements, namely unlawful acts and intentional mistakes. The defendant was proven legally and convincingly to have falsified the identity photos on the ID cards of selection participants for personal gain as a proxy in the CPNS test, thereby fulfilling the elements of Article 35 in conjunction with Article 51 Paragraph (1) of the ITE Law. The Panel of Judges found no justifiable or exculpatory reasons that would eliminate criminal liability and assessed that the defendant was capable of being held responsible, thus declaring him guilty and imposing a criminal penalty.
The Strategic Role of the Public Prosecutor’s Prosecution Plan in Imposing Severe Penalties for Child Abuse Crimes Trijayanti, Dita; Achmad, Deni; Tri Andrisman; Maya Shafira; Muhammad Farid
Progressive Law Review Vol. 8 No. 1 (2026): APRIL 2026
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/prolev.v8i1.275

Abstract

Rentut has a strategic role for the prosecutor in prosecuting serious crimes against perpetrators of child molestation. Rentut functions as a juridical instrument that gives legitimacy to the demands, a victimological instrument that places child victims at the center of consideration, and a social-preventive instrument that affirms the state's attitude not to tolerate sexual crimes against children. In addition, Rentut also strengthened the consistency of prosecution between prosecutors so that it reflects the institutional policies of the prosecutor's office, not just the attitude of individual JPU. This study aims to find out and analyze the consideration of the Prosecution Plan (Rentut) by the Public Prosecutor (JPU) against the perpetrators of the crime of sexual abuse of biological children and the procedures carried out by the prosecutor in submitting a Rentut to the perpetrators of the crime of molestation of biological children. The main focus of this study is to understand how the prosecutor drafts criminal charges that are not only sentencing oriented, but also pay attention to the aspect of protecting child victims who have experienced deep trauma. The results of the study show that in compiling the charges, the prosecutor considers objective and subjective aspects as regulated in the Child Protection Law. The objective aspect includes the analysis of legal facts, evidence, and the application of the principle of lex specialis derogat lex generalis, while the subjective aspect includes moral, humanitarian, and socio-psychological factors on the victim. The procedure for preparing the Rentut is carried out systematically, starting from the collection of trial facts to the preparation of charges ratified by the Head of the District Attorney's Office. In the case of molestation of biological children, the prosecutor emphasized the imposition of punishment due to the betrayal of moral responsibility as parents. Keywords: Prosecution Plan, Public Prosecutor, Child Abuse, Child Protection