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All Journal Jurnal Ilmiah Penegakan Hukum Eksekusi : Journal Of Law
Christian Naldo, Rony Andre
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Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Kepastian Hukum Implementasi Denda Damai Untuk Perkara Tindak Pidana Korupsi: Legal Certainty in the Implementation of Peaceful Fines for Corruption Crime Cases Sianturi, Ronal Hasudungan; Tanjung, Ahmad Feri; Christian Naldo, Rony Andre
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 1 (2025): JURNAL ILMIAH PENEGAKAN HUKUM JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i1.14093

Abstract

This article aims to examine the legal certainty of the implementation of a peace fine against the alleged perpetrators of corruption. Peaceful fines are regulated in Law Number 20 of 2001 Concerning Amendments to Law Number 31 of 1999 Concerning Eradication of Corruption Crimes, namely in Article 35 paragraph (1) letter k. The executive had discussed the implementation of a peaceful fine against the alleged perpetrators of corruption. The discourse of implementation has caused controversy in Indonesia, so that in the end the discourse was canceled. The problem is focused on the executive discourse to implement a peaceful fine against the alleged perpetrators of corruption. The theory used in analyzing the problem approach is the theory of legal certainty put forward by C.S.T. Kansil. According to C.S.T. Kansil, normative legal certainty is when a regulation is made and promulgated with a clear and logical manner. 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 implementation of peaceful fines against alleged perpetrators of corruption is inappropriate, contrary to Law Number 20 of 2001 Concerning Amendments to Law Number 31 of 1999 Concerning Eradication of Corruption and Law Number 11 Year 2021 Concerning the Prosecutor's Office of the Republic of Indonesia, as well as causing legal uncertainty in law enforcement.
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
Co-Authors Sianturi, Ronal Hasudungan Sianturi, Ronald Hasudungan Tanjung, Ahmad Feri