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Sumatera utara
INDONESIA
JURNAL DOKTRIN
Published by Universitas Muhammadiyah Sumatera Utara
ISSN : -     EISSN : -     DOI : -
Core Subject : Education,
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Articles 13 Documents
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Search results for , issue "Vol 2, No 2 (2023): Desember" : 13 Documents clear
PERTANGGUNGJAWABAN PIDANA MENYALAHGUNAKAN KEWENANGAN YANG MENGAKIBATKAN MERUGIKAN KEUANGAN NEGARA (ANALISIS PUTUSAN NOMOR: 85/PID. SUS-TPK/2018/PN MDN) Hasibuan, Ardiansyah; Nadirah, Ida
JURNAL DOKTRIN REVIEW Vol 2, No 2 (2023): Desember
Publisher : JURNAL DOKTRIN REVIEW

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Abstract

Corruption is closely related to the abuse of authority or influence that exists in a person's position as an official which deviates from legal provisions so that these actions have harmed the State's finances. The formulation of the problem is how to criminalize abuse of authority which results in harm to the State's finances, and what criminal responsibility is in cases of criminal acts of corruption committed due to abuse of authority, as well as how judges consider in cases of criminal acts of corruption committed due to abuse of authority in case Number: 85/Pid.Sus-Tpk/2018/PN.Mdn). The research method used is normative legal research. In relation to the criminal regulation of abusing authority which results in harm to the State's finances, it is regulated in Article 3 of the Corruption Law and the criminal responsibility for corruption with the mode of abuse of authority under Article 3 of the Corruption Law must have an element of every person who has authority, so that the conditions for a person to be declared to have violated Article 3 namely that he must have the authority, position, title and consideration of the Panel of Judges in cases of criminal acts of corruption committed due to abuse of authority in case Number: 85/Pid. Sus-Tpk/2018/PN.Mdn), Defendant "AS" was not legally and convincingly proven guilty of committing a crime as in the Primair indictment, however, Defendant "AS" was declared by the Panel of Judges to be legally and convincingly proven guilty of committing the crime of "Corruption abuseof authority” as stated in the indictment of the Subsidiary Public Prosecutor. So, as a suggestion, there should be regulations established so that the Prosecutor's Office is given the authority to supervise State Officials as the Authority for Using the Budget, since they are about to make policies, so that there are no abuses of authority that result in harm to State finances.
PROSES PENYIDIKKAN TERHADAP PELAKU TINDAK PIDANA PUNGUTAN LIAR SECARA TERORGANISIR (STUDI DI KEPOLISIAN SAT RESKRIM POLRES BINJAI) Sutardjo, Romadhoni; Sahari, Alpi
JURNAL DOKTRIN REVIEW Vol 2, No 2 (2023): Desember
Publisher : JURNAL DOKTRIN REVIEW

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Abstract

The behavior of illegal levies in the jurisdiction of the Binjai Police is still found to be carried out by civil servants and some are carried out by groups of people who engage in thuggery around public facilities such as bus terminals, train stations and so on. Because extortion has become very widespread in public services, the Government issued Presidential Decree no. 87 of 2016 concerning the Task Force to Clean Up Illegal Levies, this Presidential Decree was issued because the practice of illegal levies has damaged the life of society, the nation and the state so that efforts to eradicate it are needed in a firm, integrated, effective, efficient and capable of having a deterrent effect. This research discusses criminal law provisions for perpetrators of criminal acts of illegal levies, and law enforcement efforts by the Binjai Police Criminal Investigation Unit against perpetrators of criminal acts of illegal levies, as well as obstacles found by the Binjai Police Criminal Investigation Unit in carrying out law enforcement against perpetrators of criminal acts of illegal levies. This research method is empirical juridical legal research. The legal provisions for illegal levies can be identified with extortion, threats, fraud, even gratification, corruption. Efforts to enforce the law against perpetrators, by maintaining security and public order, are based on the nature of the Police's duties with Pre-emptive, Preventive and Repressive functions. The obstacles found were overlapping legal regulations, limited police personnel, lack of facilities and facilities, weak organizational resource capacity of the Binjai Police. It would be better for the crime of illegal levies to have its own legal provisions in the Criminal Code, so that it no longer uses the Articles of Extortion or fraud, and it would be better for law enforcement not only to be given less prison sanctions but to be given fines and restitution.
ANALISIS HUKUM TINDAK PIDANA KORUPSI DANA HIBAH PILKADA BUPATI DAN WAKIL BUPATI SERDANG BEDAGAI TAHUN 2020 STUDI PUTUSAN NOMOR: 96/PID.SUS-TPK/202I/PN.MDN Sihotang, Tumpak Mangasi; Eddy, Triono
JURNAL DOKTRIN REVIEW Vol 2, No 2 (2023): Desember
Publisher : JURNAL DOKTRIN REVIEW

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Abstract

Funding for Regent and Deputy Regent election activities is borne by the Regency APBD based on Minister of Home Affairs Regulation No: 41 of 2020 concerning Funding for Governor, Regent and Mayor election activities sourced from the Regional Revenue and Expenditure Budget. In Article 2 paragraph (2). With regard to the role of the KPU Secretariat, there is an opportunity for criminal acts of corruption to occur by the KPU Secretariat because the KPU Secretary indirectly serves as KPA, the authority as KPA in Article 8 PP No: 45 of 2013. Corruption crimes in the form of grant funds for the Regional Election of Regent and Deputy Regent in Medium Bedagai Regency in the 2020 election, with the Defendant having been investigated with Decision No:96/Pid.Sus-TPK/202I/PN.Mdn. Normative legal research methods. The results of the research are the application of criminal law in cases of corruption in grant funds for the Regional Election of Regent and Deputy Regent, by means of efforts to enforce criminal law by the Prosecutor by transferring it to the Corruption Court so that legal certainty of benefit and justice can be realized, and the judge's consideration has fulfilled all the elements, the Defendant is proven legally and convincingly guilty of committing criminal acts of corruption together. So, as a suggestion, in preparing the Regional Grant Agreement Text regarding the implementation of grant funds for the election of Regent and Deputy Regent, Law Enforcers should be involved; and so that there are no deviations in the use of authority; Then there should be special regulations made by the Indonesian KPU, so that the Work Units in each KPU at the regional level are not involved in abusing their authority.

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