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Pertanggungjawaban Hakim Penerima Suap: Studi Kasus Tiga Hakim PN Surabaya dalam Perkara Ronald Tannur Mery Pemilia Astriyanti; Anza Ronaza Bangun
Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 2 No. 4 (2025): Desember : Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/terang.v2i4.1502

Abstract

This study aims to analyze the legal accountability of three judges of the Surabaya District Court who were proven to have been involved in bribery practices during the examination process of a case that resulted in the acquittal of Gregorius Ronald Tannur, the son of Edward Tannur, a former member of the Indonesian House of Representatives from the National Awakening Party (PKB). The study focuses on identifying the forms of legal responsibility that may be imposed on judges who receive bribes, as well as examining the abuse of judicial authority that influenced the issuance of the court decision. This research employs a normative juridical method using a statutory and case approach, through an analysis of Law Number 48 of 2009 on Judicial Power, Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 on the Eradication of Corruption Crimes, Decision of the Surabaya District Court Number 454/Pid.B/2024/PN SBY, and the Joint Decree of the Supreme Court and the Judicial Commission of 2009 concerning the Code of Ethics and Guidelines for Judicial Conduct. The findings indicate that judges proven to have accepted bribes may be subject to criminal sanctions in the form of imprisonment and/or fines, ethical sanctions imposed by the Judicial Commission, as well as administrative sanctions in the form of dishonorable dismissal, and that court decisions rendered by judges involved in bribery may be challenged through available legal remedies. This study underscores the importance of strengthening internal and external oversight mechanisms and enhancing transparency in judicial proceedings to maintain and restore public trust in the judiciary.
Pertanggungjawaban Pidana dalam Kasus Korupsi Tata Kelola Minyak Pertamina Tahun 2025 Lintang Sayyidina; Anza Ronaza Bangun
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 2 No. 4 (2025): Desember : Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v2i4.2727

Abstract

Oil and natural gas are vital resources for the state, and their management must be carried out carefully and transparently. However, the complexity of existing management is often exploited by irresponsible parties to commit corruption that harms state finances. This study aims to analyze how criminal law regulates the accountability of perpetrators in the oil management corruption case at Pertamina in 2025. The method used is normative juridical, by reviewing laws and regulations regarding corruption, state-owned enterprises (BUMN), and related legal literature. The results of the study indicate that criminal liability in this case is not only directed at individual officials, but also corporations or companies. This is because the element of mens rea (malicious intent) was found in the act. Therefore, law enforcement must focus more on recovering state losses and improving Pertamina's internal oversight system, rather than simply imprisoning the perpetrators.
Analisis Modus Persekongkolan Tender dalam Tindak Pidana Korupsi Pengadaan Barang dan Jasa Pemerintah Santi Pratama Anggraini; Anza Ronaza Bangun
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 2 No. 4 (2025): Desember : Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v2i4.2728

Abstract

This study analyzes the practice of tender rigging, which is a dominant form of irregularity in government procurement of goods and services. The study focuses on identifying and analyzing the modus operandi, which includes the use of borrowing flags, document manipulation, leaking of the Self-Estimated Price (HPS), and price agreements between participants (tender arisan). The research findings reveal that the collusion occurs in two patterns: vertical between providers and the committee, and horizontal between providers. Both patterns fulfill the elements of unlawfulness as stipulated in Articles 2 and 3 of the Corruption Eradication Law. This practice of tender rigging causes significant state financial losses and undermines fair business competition. Therefore, the effectiveness of law enforcement depends heavily on accurate proof of state losses and good coordination between law enforcement officials and the Business Competition Supervisory Commission to ensure fair resolution in accordance with applicable legal provisions.