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All Journal Journal of Management
Rhogust, Muhammad
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Economics, Econometrics & Finance

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A Criminological Study of Social and Economic Factors in Corruption Crimes Rhogust, Muhammad; Endah Lestari, Martanti; Bahri, Syaiful; Hermanto
Journal of Management Vol. 1 No. 1 (2022): January - June
Publisher : Yayasan Pendidikan Belajar Berdikari

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Abstract

This study examines corruption in Indonesia from a criminological perspective, focusing on how social and economic factors contribute to its persistence. Using a qualitative descriptive approach, the research analyzes secondary data from the Corruption Eradication Commission (KPK), Statistics Indonesia (BPS), and Transparency International between 2020 and 2024. The findings reveal that corruption is not merely a legal violation but a socially learned and economically driven behavior embedded in Indonesia’s bureaucratic and cultural structures. Social elements such as patronage, nepotism, and weak moral control intersect with economic pressures like income inequality and inadequate welfare, forming a systemic environment conducive to corruption. Applying Differential Association Theory, Strain Theory, and Rational Choice Theory, this study interprets corruption as both a learned adaptation and a rational response to structural strain. The results highlight the need for multidimensional anti-corruption strategies that integrate institutional reform, socio-economic equality, and cultural transformation. This criminological approach offers deeper insight into the roots of corruption and provides a theoretical foundation for developing more effective preventive policies in Indonesia.
The Constitutionality of Restrictions on Freedom of Expression in the Digital Era: An Analysis of Constitutional Court Decisions Hermanto; Rhogust, Muhammad; Endah Lestari, Martanti; Bahri, Syaiful
Journal of Management Vol. 1 No. 2 (2022): July - December
Publisher : Yayasan Pendidikan Belajar Berdikari

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The rapid evolution of digital communication has redefined the scope and limits of constitutional freedoms particularly the right to freedom of expression. In Indonesia, this right—enshrined in Articles 28E(3) and 28F of the 1945 Constitution—faces new challenges arising from the expansion of online speech and state regulation under the Electronic Information and Transactions Law (UU ITE). This study examines the constitutionality of restrictions on freedom of expression within Indonesia’s digital landscape through a doctrinal and case-based analysis of key Constitutional Court decisions, including Decisions No. 50/PUU-VI/2008, No. 2/PUU-VII/2009, No. 82/PUU-XII/2014, and No. 76/PUU-XV/2017.Findings reveal that the Constitutional Court consistently applies the principle of proportionality as the central test for evaluating the legitimacy of expression-related restrictions. The Court’s reasoning reflects an ongoing effort to harmonize domestic constitutional provisions with international human rights standards, particularly Article 19 of the International Covenant on Civil and Political Rights (ICCPR). While the UU ITE remains constitutionally valid, the Court has emphasized the need for legislative refinement to prevent vague or overly broad interpretations that could infringe upon democratic freedoms.The analysis further highlights that the digital era demands adaptive constitutional interpretation capable of reconciling technological innovation with enduring democratic principles. The Constitutional Court’s jurisprudence demonstrates that constitutional democracy in the digital age must be both protective and responsive—safeguarding individual liberty while ensuring that digital governance serves the public interest. Ultimately, this study underscores the Court’s pivotal role in shaping Indonesia’s constitutional evolution toward a rights-centered model of digital governance, ensuring that constitutional freedoms remain robust amid technological transformation.
Co-Authors Endah Lestari, Martanti Hermanto SYAIFUL BAHRI