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INDONESIA
The 2nd Proceeding Indonesia Clean of Corruption in 2020"
Published by Universitas Islam Sultan Agung
ISSN : -     EISSN : -     DOI : -
Core Subject : Education,
Other
Arjuna Subject : -
Articles 97 Documents
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THE APPLICATION OF CORRUPTION LAW TOWARD CRIMINAL ACT IN THE FIELD OF FORESTRY Ifrani Ifrani
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
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Abstract

In the practice occurduringthe handling corruption cases, it can be seen that the public prosecutor often encountered in the letter of indictment often use the Act 31 of 1999 jo Law No. 20 of 2001 to the other criminal offenses as criminal acts in the forestry, Law No. 20 of 2001 on Amendments to the Law No. 31 of 1999 on Corruption Eradication. In Article 14 explicitly states that the provision that: "Any personwho violates the provisions of the legislation expressly declare that the violation of the provisionsof the law as corruption apply the provisions stipulated in this law". It  means that such article of the Law on Corruption Eradication can be used to prosecute other crimes as criminal acts in the forestry, criminal acts in the banking, criminal acts in the taxation, and other crimes, as long as a criminal offense in the enactment laws related qualification as criminal offense corruption.
THE TASK RECONSTRUCTION AND BPKP’S AUTHORITY IN THE CASE OF JUSTICE VAUE BASED CORRUPTION Sarbudin Panjaitan; Jawade Hafidz
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
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According to UUD 1945 (the 1945 Constitution of Republic of Indonesia), where one of the inter-state institutions has correlation based on audit system and assessment is State Audit Board or Supreme Audit Board (BPK) is to investigate the management and accountability of state finances, there shall be a single Supreme Audit Board which shall be free and independent.The result of any investigation of state finances shall be submitted to The House of Representatives (DPR) in line with their respective authority. In handling corruption crimination cases in Indonesia, whether conducted by Polices, Prosecutors, and Corruption Eradication Commission (KPK), the investigators of the above institutions to determine the state loss by asking the expert witnesses from BPKP not from BPK, whereas based on Laws and Regulations who authorize in determining the state loss and also to appoint the expert witnesses in litigation is BPK not BPKP. The current situation of law enforcement is extremely debatable by criminal law experts at mass-media and at the Court of Corruption Crimination.
RECONSTRUCTION OF CRIMINAL SANCTIONS AGAINST CRIME OF ACTORS AND MURDER MURDER IN PLAN BASED ON VALUE OF JUSTICE CRIMINAL CODE Maria Marghareta Titiek Pudji Angesti Rahayu; Teguh Prasetyo; Sri Endah Wahyuningsih
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The increasing crime rate is influenced by several factors, from the nature of public welfare, until the little things like a matter of feelings. Indonesia as a country with dignity ensure the protection of the lives of every citizen, from being in the womb until the death. The results of this study were 1) In terms of Article 340 of the Criminal Code is a murder with the most severe criminal penalty, the death penalty. 2) The court's decision is considered to have a fair especially criminal sanctions imposed on the perpetrators, because it is actually the most disadvantaged in the event of a criminal offense is murder victim's family. 3) The murder plan to enter in the category of elements of murder which in the case of positive criminal law, Killing positive in the context of criminal law, categorized for the murder foreseen by the perpetrator, the murder because of persecution and murder due to negligence or neglect. Keywords: Reconstruction of Criminal Sanctions, Against Perpetrators of the Crime of Murder, Value of Justice.
PRO CONS THE EXISTENCE OF DEATH PENALTY IN CORRUPTION ACT OF 1999 IN INDONESIA Anis Rifai
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Indonesia has 71 years building his conduct on the basis of civilization and cultural independence of the nation whose ideology Pancasila and the 1945 Constitution ideals to be realized is the realization of just and prosperous life of a nation that material and spiritual / devoted to God aimed as much as possible for the prosperity of the people. In realizing this, the problem of corruption is the biggest development and welfare of the Indonesian people. The lack of deterrent effect of criminal sanctions for the culprit causing the proliferation of perpetrators of corruption on all fronts. Under penalty of death penalty for perpetrators of corruption is considered to be one of the solutions deterrent for the perpetrators. Rules of the death penalty for perpetrators of corruption still causes a lot of pros and cons on the premises. In connection with this, this paper will outline the pros and cons of the existence of the implementation of the death penalty to cases of corruption in Indonesia.
THE URGENCY OF ANTI CORRUPTION EDUCATION FOR COLLEGES IN INDONESIA Siska Diana Sari
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Based on Transparency International’s Corruption Perception Index (CPI) in 2015, Indonesia placed in 88 rank from 107 previously. Even though this position is a two point improvement compare to Indonesia’s position in 2014, this situation still proves that the number of corruption in Indonesia is still higher than its neighboring country such as Singapore, Malaysia and Thailand. If this condition is neglected, sooner or later, this will give every bad impact for Indonesia especially in economic sector where the investor and business people will doubt our country’s ability to create a bureaucracy. Corruption is an extraordinary crime and therefore, an extraordinary effort is needed to combat it. Indonesian Government have tried very hard to fight corruption through various way, whether it is trough restricting the law or education. This is a form of tenacity and effort of the government to suppress corruption crime. This study is meant to discuss the urgency of corruption education for colleges in Indonesia. This study is a legal study with statute and conceptual approach. The result shows that the urgency of corruption education for colleges in Indonesia is a form of effort of fortifying the young generation especially collegians as character builders, empower of character, character creators, agent of change, as well as the future leaders are hoped to be able to avoid themselves from doing any crime of corruption. This is a form of effort to eradicate corruption through preventive action. The long term purpose of the action is to grow anticorruption culture among collegians and encourage them to actively take action in the eradication of corruption in Indonesia. Keywords: Anti-Corruption education for colleges.
NOTARY ROLE IN THE IMPLEMENTATION OF EXECUTION PROCUREMENT OF GOODS AND SERVICES ARE FREE OF CORRUPTION BASED ON THE PRINCIPLE OF GOOD GOVERNANCE Aris Yulia
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Indonesian is one country in the world that are struggling and crave the creation of good governance. However, the current situation shows that it is still very far from expectations. Political interests, corruption, unfair judicial, work outside the authority, and the lack of integrity and transparency are some of the issues that make a good government still can’t be reached. To achieve good governance in governance in Indonesia, the principles of good governance should be enforced in a variety of key government institutions. Rules and regulations covering government procurement of goods and services are relatively very dynamic and responsive to the growing variety of circumstances. One form of action that may result in unfair competition is a conspiracy in the tender, which is one of the activities prohibited by Law No. 5 Year 1999. The tender conspiracy (or collusive tendering) occurs when businesses, which should compete closed, conspired to raise prices or lower the quality of the goods or services for buyers who wish to acquire products or services through a procurement process. Notary deed as the participants in the tender can also be used as a subject in the tender conspiracy. With implement the principles of good governance, the three pillars, namely governments, corporations, and civil society should look after each other, support each other and actively participate in governance is being done Keywords: Notary, Non Corruption, Good Governance.
THE ROLE OF THE SHARIA SUPERVISORY BOARD IN THE FRAMEWORK ENFORCING SHARIA PRINCIPLES AT THE INSTITUTE OF ISLAMIC BANKING IN SEMARANG Aryani Witasari
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Indonesia as the country with the largest Muslim population in the world, since approximately 25 years ago trying to get out of the slump economic problems. One effort in doing it is to fix the economic system we particularly of financial institutions with a switch using Sharia system. Banking financial institution as the economic backbone of Indonesia sought to apply Islamic principles in accordance with the provisions of the Qur'an and Al Hadith and what is regulated in the Law Compilation of Islamic Economics. The application of Sharia principles in this new start in 1992, namely by in the operation of Bank Muamalat Indonesia. Prior to 1992, the Indonesian economy are not familiar with Islamic principles in accordance with the Qur 'syariah principle has been applied by the banking institutions including Bank Muamalat Indonesia is in a start since its establishment, the principle is divided into three areas : 1. Sharing System (avoid riba) 2. Buying and selling on margin system Advantages 3. system Services In general principles that must be enforced by Islamic banks is to avoid the usury and uses a system of revenue sharing as well as buying and selling. In order upholding Islamic principles that must be run by Islamic banks need supervision that have until now run by the Sharia Supervisory Board (DPS). DPS task as the supervisory board on Islamic banking is the attribution of authority. DPS is authorized by the original authority derived directly from Article 27 PBI No. 6/24 / PBI / 2004, which outlines the duties, powers and responsibilities of DPS, DPS Presence is what differentiates it from conventional banks. DPS is independent and equal position with BOC. Keywords: Role Sharia Supervisory Board Sharia Principles
RECONSTRUCTION REGIONAL MINIMUM WAGE (UMR) INRENEWAL OF EMPLOYMENT LEGAL REMEDIES BASED INDONESIA THE VALUE JUSTICE PANCASILA Urip Giyono; Eko Soponyono
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As a developing country, Indonesia is facing problems of population and employment. The crucial question of which is the low level of wages among workers. Employment issues in Indonesian is regulated in Article 5 (1), Article 20 (2) of Article 27 paragraph (2) of Article 28 and ), Article 33 paragraph (1) Constitution 1945.Goverment set wage the rule Minister of Manpower and Transmigration No. 7 of 2013 about Minimum.In the fact wages, worker more difficult to achieve the Living Needs (KHL) to uncover research Reconstruction Policy concept (Minimum Wage) UMR In Indonesia.Rekonstruksi employment Legal Reform efforts Minimum Wage (UMR) The Justice Value based Pancasila. UMR Based on the values of Al-qur'andan Al-Hadith, In human life, not everyone can work for himself, because of the lack of working capital, so it must be working for someone else. Keywords: Justice, Wages and Rights
RECONSTRUCTION OF LAND USED RIGHT EIGENDOM VALUES BASED ON JUSTICE AND LEGAL CERTAINTY Hakim Tua Harahap; Darwinsyah Minin
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Eigendom rights is a right over the land west of Indonesia, including the rights of the fallen or been converted, by UUPA. UUPA determines that a conversion limit is per 24 September 1980. This means that the owner of the rights given 20 years to take care of the conversion. If the land is not converted, land rights eiqendom. back into the land controlled by the state. Many people tried to obtain recognition of the former land eigendom rights. Based on the formulation of the problem and research objectives, that the problem of this research included one land law policy in formulating the right to land former eigendom rights. Normative juridical approach used to determine the extent of legal principle, synchronization vertical / horizontal, and systemic law is applied, which is based on secondary data, namely primary legal materials, secondary, and tertiary. The results of the research that the conception of legal land ownership in Indonesia includes a system of feudal land law, land law west by Burgerlijk Wetboek (KUHPdt), customary land laws. Land administration system in Indonesia consists of land administration in the reign of the Netherlands, in the aftermath of independence before the entry into force of the UUPA, and according to the UUPA. Legal certainty of land rights through the conversion of the former eigendom apply for rights under the UUPA. Reconstruction of the right to land the former right eigndom based on values of justice and the rule of law, namely, Article 24 of Government Regulation No. 24 of 1997 reconstructed by adding the provisions of paragraph (3), which reads: That the provisions referred to in paragraph (2) give the right priority to the filing acquire rights on the ground as the provisions of the Basic Agrarian Law. Thereby granting the priority right to apply for rights to land former eigendom rights to public tenants or people who control the land which has been controlled by the state, and because PT. Agra Citra Kharisma has provided compensation to the rights holders of priority, then the PT. Agra Citra Kharisma acquire a priority right to apply for rights eigendom vervording No. 33. That the need of holding a confirmation of the rules governing the rights eigendom lands is to avoid confusion which would certainly harm to all parties, especially the rightsholders on the ground eigendom. Keyword : Land, Justice, Legal Certainly
EDUCATION ANTI-CORRUPTION IN INDONESIA: PROBLEMS, CHALLENGES AND SOLUTIONS Alwan Hadiyanto
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Nowdays corruption has been being a culture.Corruption has poisoned almost all institution not only public but also private institutions and become prevalent when we watch it on television every day. People are not surprised when they know or watch on television that some leaders of this country have committed corruption. Corruption has spread out endemicly and systemically. However, if we look back on the first process of corruption, it may be concluded that education isthe main factor of corruption. Education actually starts from family, then school, and the society must collectively perform a civilizing fair and honest behavior, or in other words anti-corruption education. It must be implemented to reduce this endemic problem. It needs a national movement to implement the anti-corruption education and it starts from education. Based on the above background, the author formulated the problem as follows. 1) How is the implementation of anti-corruption education in Universityeducation? 2) How is the important role of early anti-corruption education in preventing corruption? 3) What is the obstacle and effort in combating corruption? This study is based on a normative juridical approach, because this study is the legal research doctrinaire which is also known as library research or document studieswhich is only done or shown the written rules or other legal materials. Anti-corruption education becomes very important as the systematic and massive efforts in building a new civilization of education. Education is a guidance for young people and one of good idea in this corruption case is the implementation of anti-corruption education in the nation character education in Indonesia. Keywords: Education, Anti-Corruption

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