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All Journal Indonesian Journal of Innovation Studies Journal of Law and Legal Reform
Poernomo, Gatoet
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Computer Science & IT Education Engineering Law, Crime, Criminology & Criminal Justice

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Inconsistency in the Formulation of Article 2 and Article 3 of Law No. 31 of Corrupt Practices Eradication Law and Disparity in Criminal Penalty for Mining Corruption in the Practice of Law Enforcement Suastuti, Eny; Minarno, Nur Basuki; Sufyan, Akhmad Farid Mawardi; Poernomo, Gatoet
Journal of Law and Legal Reform Vol. 6 No. 3 (2025): July, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i3.19111

Abstract

This research discusses the transformation of understanding and law enforcement of the elements of Article 2 and Article 3 of the Corruption Eradication Law. The element against the law is Article 2 of the Corruption Eradication Law. In contrast, the element of abuse of authority is the core of the offense in Article 3 of the Corruption Eradication Law. Thus, it is inappropriate to indict the perpetrators of mining corruption with an alternative form of indictment between Article 2 and Article 3 of the Corruption Eradication Law. Inconsistencies in formulating the elements of the offense and the parameters of the article have resulted in disparities in punishment, errors in assessing the existence of abuse of authority by using unlawful parameters and mixing the application of the two articles. This can be viewed in several Supreme Court Decisions in mining corruption cases, where the elements and subjects of the offense are interchangeable. This research aims to study the inconsistent formulation of the elements of the offense in Article 2 and Article 3 of the Corruption Eradication Law, which has led to disparities in punishment in mining corruption cases. This study is conducted by analyzing several Supreme Court Jurisprudence. This research employs normative research with a statutory approach, concept approach, and case approach. The results of this study aim to provide a recommendation on the concept of against the law and abuse of authority in the Corruption Eradication Law.
The Role of Justice Collaborators in Narcotics Crime Prosecution: Peran Saksi Pelaku yang Bekerja Sama dalam Penuntutan Tindak Pidana Narkotika Silaban, Rizki; Poernomo, Gatoet
Indonesian Journal of Innovation Studies Vol. 25 No. 1 (2024): January
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijins.v26i1.987

Abstract

This article examines the significance of Justice Collaborators in the legal process, particularly in narcotics cases. With the evolution of crime, especially organized narcotics crime, the introduction of Justice Collaborators has become a pivotal component in the criminal justice system. This study explores the concept of Justice Collaborators, their roles, legal protections, and the impact of their participation in legal proceedings. Utilizing a qualitative approach, the research analyzes various legal documents, court decisions, and statutory provisions related to Justice Collaborators in Indonesia. The findings indicate that Justice Collaborators play a crucial role in unveiling complex criminal activities and assisting law enforcement in investigation and prosecution. The study also highlights the legal and physical protections offered to these individuals, emphasizing their importance in dismantling organized crime networks. The implications of these findings suggest a need for further refinement in legal provisions concerning the selection and protection of Justice Collaborators, ensuring their effective utilization in the judicial process.Highlights: Justice Collaborators are instrumental in uncovering complex criminal activities, particularly in organized narcotics crime. The legal system provides both physical and legal protections to Justice Collaborators, ensuring their safety and cooperation. The involvement of Justice Collaborators necessitates ongoing refinement in legal provisions for their selection, protection, and use in legal processes. Keywords: Justice Collaborators, Narcotics Crimes, Legal System, Organized Crime, Law Enforcement
Chemical Castration in Indonesian Criminal Law: Human Rights Perspective: Kebiri Kimia dalam Hukum Pidana Indonesia: Perspektif Hak Asasi Manusia Kusumawati, Sri Dewi Rahayu; Poernomo, Gatoet
Indonesian Journal of Innovation Studies Vol. 25 No. 1 (2024): January
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijins.v26i1.991

Abstract

This study delves into the controversial practice of chemical castration for sexual offenders against children within Indonesian criminal law, examining it through a human rights lens. Adopting a normative legal method, the research incorporates legislative and conceptual analysis with data sourced from primary and secondary legal materials. The study reveals a stark incongruity between chemical castration and rehabilitation goals of the penal system, highlighting its inhumane nature and violation of human dignity. Furthermore, the research discusses the additional sanction of electronic detection devices, scrutinizing its infringement on privacy rights and inconsistency with the International Covenant on Civil and Political Rights (ICCPR). This study underscores the critical need for a penal system that respects human rights while addressing sexual violence against children, calling for a shift from punitive to rehabilitative approaches.Highlights: Chemical castration in Indonesia's penal system conflicts with rehabilitation goals and human rights principles, being inhumane and degrading. The additional use of electronic detection devices infringes on perpetrators' privacy rights and contradicts international human rights conventions. The study advocates for a penal system that balances the need for justice in cases of sexual violence against children with respect for human rights and dignity. Keywords: Human Rights, Chemical Castration, Indonesian Law, Sexual Violence, Penal System
Co-Authors Eny Suastuti Kusumawati, Sri Dewi Rahayu Nur Basuki Minarno Silaban, Rizki Sufyan, Akhmad Farid Mawardi