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All Journal International Journal of Law, Crime and Justice International Journal of Sociology and Law International Journal of Social Welfare and Family Law
Andre Yosua M
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Juridical Analysis Of Proof Elements Harm State Finance In Criminal Actions Corruption In Indonesia Andre Yosua M; Tegar Mulia
International Journal of Sociology and Law Vol. 1 No. 3 (2024): August : 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.v1i3.95

Abstract

Policies that are often taken by public officials sometimes give rise to major criticism committing a pattern of criminal acts of corruption. Policies that are considered can fall into the action category corruption is policies that could harm state finances. So it's a loss State finances are one of the elements of criminal acts of corruption in Article 2 paragraph (1) and Article 3 Act No. 31 Year 1999 jo Act No. 20 Year 2001 about Eradication Act Criminal Corruption. The formulation of elements that are detrimental to state finances in these two articles is at the evidentiary level still raises various obstacles because it is an unclear and unclear norm multiple interpretations. Results from study show that prove that element harm state finances in criminal acts of corruption are still understood as formal criminal acts so that the proof Enough with fulfil deed the And No need There is consequence, Good Which potential harm finance country nor loss Which Actually, perpetrator can convicted. After Court Constitution through Decision Number 25/PUU-XIV/2016 mention that the word "can" in Article 2 paragraph (1) and Article 3 is unconstitutional and is fundamentally change qualification corruption become become crime material, However in its implementation There are different views regarding law enforcement officials in proving that element This is detrimental to state finances, giving rise to legal uncertainty. In the upcoming corruption criminal law reform, the more appropriate model of proof is with use draft loss finance country in meaning crime material. Through draft This, something deed new can seen fulfil elements follow criminal corruption with condition There must be a result of the state's loss being real and occurring (actual). lost). Proof concept loss state finances in meaning material ensure law Which fair certainty.
Review Juridical Element Abuse Power In Action Criminal Corruption By System Law Criminal In Indonesia Andre Yosua M; Tegar Mulia
International Journal of Law, Crime and Justice Vol. 1 No. 2 (2024): June : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

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Abstract

Research on the concept of abuse of authority in the Corruption Constitution in Indonesia, elaborating on this problem along with the concept of abuse of authority in decisions court. Elaboration with normative research methods, in the final results show that any inconsistency in the formulation of the offense in Article 3 of the PTPK Law. The location of the inconsistency is an element from violation First with Meaning enrich self Alone, person other, or corporation formulated in a way material, whereas element 2nd can harm finance country or economy. Formal Terms Which formulated on base thinking This, that is element violation to abuse authority, chance, or means Which he has because of his position/position. The solution is possible with certain characteristics among the concept of breaking law with draft abuse authority And in practice his, proof abuse authority is matter Which difficult, Because For evaluate abuse This authority is factually related authority, suggested in Article 3 of Law no. 31 of 1999 jo. Act No 20 Year 2001 deleted just. Reason others are: element deed oppose law in Article 2 Law no. 31 of 1999 jo. UU no. 20 of 2001 has been able to accommodate the elements abuse of authority, because abuse of authority is a species of the genus element violate law.
Forms Of Money Laundering Crimes In The Perspective Of The Money Laundering Crime Law In Indonesia Andre Yosua M; Muhammad Gastari
International Journal of Social Welfare and Family Law Vol. 1 No. 3 (2024): July : International Journal of Social Welfare and Family Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsw.v1i3.28

Abstract

Today's crimes are increasingly showing increasingly modern patterns, one of which is the crime of money laundering (" money laundering "). The crime of money laundering is understood as the act of hiding the origin of funds which are illegal because they are obtained from a criminal act which appears to be legitimate. Law Number 8 of 2010 concerning Prevention and Eradication of Money Laundering. The stages of money laundering which consist of conversion (" placement "), layering (" layering "), and integration ("integration") in its development are carried out by utilizing cyberspace (" cyber "), so that it constitutes " cyber crime ", the handling of which is increasingly difficult and complex, because this crime can be a transnational crime, even though law enforcement officers in carrying out their authority are limited by jurisdiction. Apart from that, special competence and expertise is also needed in the field of " cyber ". " Cyber money laundering " is an inevitability that must be faced as a form of " white collar crime " in the 21st century era, so that efforts to prevent and eradicate the crime of money laundering can be achieved. implemented optimally.
Co-Authors Muhammad Gastari Tegar Mulia