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Law Research Review Quarterly
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 27163415     DOI : https://doi.org/10.15294/lrrq
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
The Law Research Review Quarterly is intended to be a national and international journal that provides a forum and forum for academics, legal practitioners, legal observers, students, researchers and the general public who have an interest in the field of legal science. This journal covers all fields of law, including: Criminal Law, Civil Law, State Administrative Law, International Law, Business Law, Human Rights Law, Tax Law, Land Law, Agrarian Law, Sea Law, Diplomatic Law, Law and Society, Philosophy of Law, Comparative Law, Procedural Law, Sociology of Law, Criminology, Victimology, Law and Gender, Islamic Law, and various other relevant fields of law studies. This journal is published every three months (four times a year) both online and in print.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 26 Documents
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Search results for , issue "Vol 5 No 1 (2019): L. Research Rev. Q. (February 2019) "Challenges " : 26 Documents clear
The Principles of Good Government in Suppressing Corruption Handitya, Binov
Law Research Review Quarterly Vol 5 No 1 (2019): L. Research Rev. Q. (February 2019) "Challenges & Strengthening Scientific-Based
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snh.v5i01.29712

Abstract

This paper discusses the application of The Principles Of Good Government, or what we often know with the General Principles of Good Governance (AUPB) in the implementation of government policies, needs to be improved. As a form of filter that is able to filter out any government administration so that it can be free from the snare of corruption. Public officials or implementers must be emphasized in understanding in depth the principles contained in the AUPB to be applied in providing services to the public / community. There are at least 8 (eight) principles attached to the AUPB based on the Government Administration Law, among others: the principle of legal certainty, the principle of expediency, the principle of impartiality, the principle of accuracy, the principle of not abusing authority, the principle of openness, the principle of public interest and the principle of good service.
The Strength of Legal Proof in Filing a Civil Lawsuit Against Corruption Actors Rihardi, Satrio Ageng
Law Research Review Quarterly Vol 5 No 1 (2019): L. Research Rev. Q. (February 2019) "Challenges & Strengthening Scientific-Based
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snh.v5i01.31125

Abstract

The use of civil instruments in corruption cases is fully subject to the provisions of civil law both formally, materially and even to immaterial losses. In accordance with Articles 32, 33 and 34 of Law Number 31 of 1999 concerning Eradication of Corruption, there is a formula regarding the submission of the results of the investigation into the State's loss to the State Attorney. The prosecutor must be able to really prove that the defendant actually committed an act of corruption. In accordance with the concept of proof in civil law, JPN must be able to convince the panel of judges by basing on a clear legal basis, the existence of an element of loss and explaining the occurrence of acts of corruption that are detrimental to the State's finances. However, it is often difficult to substantiate civil lawsuits to prove, given that the perpetrators of corruption in general are those who have very strong positions or experts. The research method used in this research is analytical descriptive. The research results obtained can be seen from the strength of the evidence in filing a civil claim must first trace assets owned by the perpetrators of corruption as the basis and reason for the lawsuit but the civil suit has not been effectively proven by relying only on special criminal courts because the imposition of fines and reimbursement is included without taking into account any immaterial losses that can be paid in the future.
Efforts to Build Village Community Awareness in Supervising the Use of Village Funds Prakoso, Abdul Rahman
Law Research Review Quarterly Vol 5 No 1 (2019): L. Research Rev. Q. (February 2019) "Challenges & Strengthening Scientific-Based
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snh.v5i01.32112

Abstract

Corruption becomes one of the big problems in a country. Indonesia as a unitary state with thousands of islands stretching from the tip of Sabang to Merauke. Development in Indonesia that continues to progress significantly is driven by synergistic government and society to build the nation. Overall development of infrastructure and human resources development. Infrastructure is a big project in the current administration. Many facilities are built using state money to the lowest level of government, namely village government. Villages as the spearhead of development have an important position to disburse village funds. Some development projects in the village that cause pros and cons in the community. Projects funded with village funds sometimes differ between the budget and reports provided with the results obtained from the development. So this is detrimental to the village community who cannot enjoy the results of government development. The community needs to oversee the running of village funds so that infrastructure development using village funds can be directly monitored.
Efforts to Recover State Financial Losses Through Criminal Cases Case Study Against Corruption
Law Research Review Quarterly Vol 5 No 1 (2019): L. Research Rev. Q. (February 2019) "Challenges & Strengthening Scientific-Based
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snh.v5i01.29701

Abstract

State Assets are objects of the criminal acts of corruption which are certainly very detrimental to the State if viewed from the perspective of the victim . However, the victims of embezzlement of state funds are not only the State but also the people . The real consequence of this action is the reduced wealth of the State which should be used as a collision of assets owned by the State . Efforts to restore state losses based on the existing criminal procedural law procedure seems unable to maximize the return of stolen State assets . Supposedly, the country here holds legal protection because here one of the victims of the stolen state assets is certainly the country itself. As one of the crimes based on counts it seems that there needs to be an alternative solution in returning the lost state assets .
Instilling Anti-Corruption Spirit Early on: An Sociological Juridical Review of Anti-Corruption Education that Grows among Students in the City of Semarang, Central Java
Law Research Review Quarterly Vol 5 No 1 (2019): L. Research Rev. Q. (February 2019) "Challenges & Strengthening Scientific-Based
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snh.v5i01.29702

Abstract

White Collar Crime or Corruption is no longer a foreign matter in the government of the State of Indonesia. Like a culture that is rooted and continues to evolve, the problem of corruption in Indonesia has not yet found a bright spot, all the resources and efforts continue to be deployed to eradicate the already chronic disease in the body of this country. In 2018, the International Transparency Organization launched data on the Corruption Perception Index (CPI). Based on these data, Indonesia was ranked 89th with a score of 38. The government is well aware that this problem is no longer an ordinary problem, but has become an entrenched culture even to the line of life of the Indonesian people, this certainly requires us to work harder to eradicate this disease to its roots. Based on this, the author argues that in an effort to solve the problem of corruption is not enough if we only rely on law enforcement officers. There is another aspect that the writer values ​​are very important in fighting this problem, that aspect is education. Eradication of corruption in the aspect of education can be applied as a preventive step, namely by instilling the value of honesty and justice in the souls of students. Based on this, the author took the initiative to conduct a research with a sociological juridical approach in the city of Semarang, Central Java.
Relationship between Regional Head Election Connectivity with Corruption Cultural Behavior in Indonesia
Law Research Review Quarterly Vol 5 No 1 (2019): L. Research Rev. Q. (February 2019) "Challenges & Strengthening Scientific-Based
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snh.v5i01.29703

Abstract

Post New Order era there was a demand for reform from the Indonesian people, which then led to changes in the concept of regional head election system in accordance with the basic mandate of organizing the Election of Regional Heads indirectly is based on the 1945 Constitution, Article 18 paragraph (4) after the amendment which reads "Governors, Regents, and Mayors respectively as Heads of Provincial, Regency and City Regional Governments are democratically elected "Then the concept of Pilkada after the enactment of Law No. 32 of 2004 in conjunction with Law No. 10 of 2016 ended the dominant influence of the Central Government. The arrival of the decentralization era and the system of direct regional elections made corrupt acts of collusion and nepotism a culture continue to spread to the area that is certain can threaten democracy and the existence of the NKRI. So the authors see a relationship between the concept of the concept of the regional head election system and the culture of corruption in Indonesia, so the solution to overcome this problem is strengthening corruption eradication institutions, strengthening at the regional level effectively, harmonizing legislation, strengthening the principle of general government principles good and enforcement of the rule of law with the principle of equality before the law by realizing that there is a very urgent need to overcome the culture of corruption.
The Sex Gratification Polemic in the Scope of State Officials viewed from the Normative Perspective of Criminal Law
Law Research Review Quarterly Vol 5 No 1 (2019): L. Research Rev. Q. (February 2019) "Challenges & Strengthening Scientific-Based
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snh.v5i01.29704

Abstract

Corruption is like a crime that calculative carried out by them who as educated and cultured communities. One of the dynamisation, in its development motive, is gratification. Inspired of that definition, there are so many substances of the meaning or interpretation that expanding the new acts that can be called as gratification acts. One of the new phenomenon case of gratification is sexual gratification, this case regarded as controversial case because there’s no specific law that can be charged this case. In the Article 12B Law Number 31 in 1999 juncto Law Number 20 in 2001 about Corruption, gratification that means giving extra fee, gift in form of money, goods, discount, loan commision without any interest, trip ticket, housing facility, tour trip, free medication, and other facilities. The other substance meanings that implied are multiple interpretation meanings which have no clear elements on it. Shortly, according to the writers, sexual gratification motive hasn’t been specifically regulated yet in the law that causes many officials do a corruption by receiving or giving a sexual gratification which is separated from the elements of gratification as the corruption, so that, it’s needed specific formulation about sexual gratification in the Corrupytion Law with more strict sanction against the perpetrator of sexual gratification, because his act already harm the dignity nation and the dignity of this country by immoral deed and needed the social sanction for the perpetrator.
Legal Analysis of the Mass Corruption Phenomenon of Board Members and Criminal Liability
Law Research Review Quarterly Vol 5 No 1 (2019): L. Research Rev. Q. (February 2019) "Challenges & Strengthening Scientific-Based
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snh.v5i01.29705

Abstract

The Republic of Indonesia unitary state ia a legal state based on the constitution. In a country that adheres to democracy, the law become the supreme commander in a effort to eradicate criminal cases and included acts of corruption corruption crime in Indonesia is a social issues that has never been exhausted to be discussed, in the world of law, this has been included in the category of extradionary crime because is not only harms the state, but the practice also violates the social and economic rights of the community a large so that eradication action must also be carried out with extradionary legal force. A pattern or phenomena of bulk corruption is recently revealed by the people’s deputy officials. Almost the world room of the representative of the people of good people at the local people until the center was ever searched and representative of the people were brought to committing corruption in a way of like a budget, received a bribe and so forth. The practice has occured in the area of North Sumatera and city Malang. Various of these cases made the reputation of the people’s institutions deterioting among the people. Through this writing by analizing and investigating more deeply technical and systematic practice of the board members in the distorting the budget.
Reconstruction of the Criminal System in Corruption
Law Research Review Quarterly Vol 5 No 1 (2019): L. Research Rev. Q. (February 2019) "Challenges & Strengthening Scientific-Based
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snh.v5i01.29706

Abstract

Corruption crimes is an iceberg phenomenon whose cases increase every year in Indonesia. The crime is carried out by person, groups of people, and corporations. Sadly, the perpetrators of corruption are also dragging the government or authorities, both executive, legislative, and judicial institutions. Policy by policy has been issued and there are even ad hoc institutions and special courts that handle these crimes. But in fact, this problem still not over, so there are indications that policies have not succeeded in overcoming corruption. The problems that have troubled the nation are very important to be studied scientifically. Reconstruction is needed for law enforcement efforts to deal with criminal acts of corruption, especially in its criminal system. This study aims to determine the criminal system of corruption and the reconstruction of the criminal system on corruption. This study uses a type of normative juridical research with the specification of the research is descriptive analytical. The data used is secondary data obtained through librarian and documentation studies which are then analyzed qualitatively. Based on the research, the results are: First, the criminal system on corruption acts refers to Law No. 39 of 1999 as amended by Law No. 20 of 2001 as its lex specialis. Second, the reconstruction of the criminal system can be directed at the rules of legislation governing material, formal, and implementing criminal law. In this case the researcher highlights criminal sanctions which include form, severity, and indicators of imposition of sanctions, and the methods of execution and coaching.
Abuse of Authority Article 3 of Law No. 31 of 1999 concerning Eradication of Corruption in Criminal Law Review
Law Research Review Quarterly Vol 5 No 1 (2019): L. Research Rev. Q. (February 2019) "Challenges & Strengthening Scientific-Based
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snh.v5i01.29707

Abstract

Research on the concept of abuse of authority in the Constitution of Corruption in Indonesia, describes the problem together with the concept of abuse of authority in court decisions. The elaboration with normative research methods ultimately results in showing that the formulation of violations in Article 3 of the PTPK Law is inconsistent. The location of inconsistency is the first element of violation ("with the aim of enriching oneself, others, or corporations") formulated in the material, while the 3rd element ("may endanger the country's finances or economy") is formulated formally. On this basis, the elements of violation "abuse the authority, opportunity, or means they have because of their position / position". As a solution, presumably with the nature given in the haeren between the concept of "haram" with the concept of "abuse of authority" and in practice evidence of abuse of authority is difficult, because assessing the abuse of authority related to factual, it is recommended for Article 3 of Law No. 31 of 1999 jo. UU no. 20 of 2001 just deleted. Another reason is: the element of violation of the law in Article 2 of Law no. 31 of 1999 jo. Law Number 20 of 2001 has been able to accommodate the elements of "abuse of authority", because "abuse of authority" is the "species" of the "genus" element of "breaking the law".

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