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All Journal The Journal Of Socio Legal and Islam Law Unnes Law Journal : Jurnal Hukum Universitas Negeri Semarang
Asis Asis
Universitas Airlangga
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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The Legal Position of the KPK as an Independent Anti-Corruption Agency in Indonesia: A Review in Law No. 19 of 2019 and UNCAC Asis Asis
Unnes Law Journal Vol. 10 No. 1 (2024): April, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v10i1.1877

Abstract

This study focuses on the KPK as an independent anti-corruption agency in Indonesia; the current situation is becoming more difficult due to the various types of KPK authorities that existed prior to the passage of Law No. 19 of 2019, which was later changed and exacerbated by the KPK's position under the executive clump. This research will answer the following questions: (1) What is the KPK's position as an independent organization (2) How is the legal analysis of anti-corruption institutions based on Law No. 19 of 2019 and the UN Convention Against Corruption A sociolegal approach is used in this study. The findings revealed that, first, the KPK is not independent because it is part of the executive clump. Second, in terms of wiretapping authority, permission from the supervisory board is required. Third, KPK personnel are classified as members of the State Civil Apparatus (ASN). Fourth, there is a potential conflict of interest. Therefore, Law no. 19 of 2019 should be revised.
Legal Protection for Defamation Suspects Who Spread Facts on Social Media Reviewed from the ITE Law Asis Asis
Socio Legal and Islamic Law Vol 3 No 1 (2024): The Journal of Socio-Legal and Islamic law
Publisher : Faculty of Law, Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/jssl.v3i1.23904

Abstract

This research wants to discuss the problem of defamation that is suspected of spreading facts on social media. This research is intended to understand the interpretation of Article 27 of the ITE Law as well as the Joint Decree of the Minister of Communication and Information Technology, the Attorney General, and the Chief of the National Police of the Republic of Indonesia on Implementation Guidelines for Certain Articles in the ITE Law. The research approach used is the Gap and Socio-Legal Analysis Study, which is an approach to study the implementation of the law on criminal procedure law and its relation to social impacts on law enforcement in Indonesia. The results of the study show that law enforcement officials always use Article 27 of the ITE Law to ensnare defamers on social media and override the Joint Decree of the Minister of Communication and Information, the Attorney General, and the Chief of the National Police of the Republic of Indonesia, so that the judge's decision is considered contradictory to the existing provisions. Keywords: Criminal Code, Defamation, ITE Law, Law Enforcement Officials
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