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Corruptio
Published by Universitas Lampung
ISSN : 27232573     EISSN : 27459276     DOI : https://doi.org/10.25041/corruptio
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Journal Corruptio is an international journal of anti-corruption published by the Law Faculty of Universitas Lampung as a platform for academicians, researchers, and practitioners to publish their authentic articles or reviews regarding communication and development of the criminal law, legal comparison, and interdisciplinary related to corruption. The scope of the Journal Corruptio is the result of research or conceptual studies on the criminal law consisting of law in general, sociology, anthropology, psychology, and corruption. The Journal Corruptio publishes two issues in a year, on January and July that provides open accessed journal in attempts for all published content in the journal is available for free without charged fees toward users and their institutions. The Journal Corruptio opens access directly to the completed substance based on the principle of free research availability to support significant global knowledge exchange. The Corruptio Journal is a platform for academicians, researchers, and practitioners to publish their authentic articles or reviews regarding communication and development of the criminal law, legal comparison, and interdisciplinary related to corruption. The scope of the Journal Corruptio is the result of research or conceptual studies on the criminal law consisting of law in general, sociology, anthropology, psychology, and corruption. Scope and Focus of the journal consist as follows: a. Law enforcement Law enforcement is an effort to enforce the function of law and norms in the society. Generally, law enforcement aims to act as a behavioral guidance of the society’s behaviour. In the Journal Corruptio, law enforcement discusses topics on concept of law enforcement and rehabilitation. These discussions on law enforcement are applied on corruption cases, behavioral, and philosophy in Indonesia. b. Prevention Law consist of 2 (two) natures which are prevention and repression. The scope of Journal Corruptio, leans to law’s function of preventing. Prevention means the law acts as preclusion against crimes, specifically crimes of corruption. Prevention in the Journal Corruption is executed through dissemination, socialization, and other platforms to insert values that could hinder corrupt behaviors for example, corruption, collusion, nepotism, money laundering. c. Protection Law protection defines an aegis towards the human rights of the society in order to enjoy their rights to its fullest. In the Jounal Corruptio, protection highlights protection towards witnesses in order to provide them security and convenience during their trial process of giving facts and evidential statements.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 12 Documents
 1   2 
Search results for , issue "Vol 4 No 1 (2023)" : 12 Documents clear
The Purpose of Crimination Against Perpetrators and Victims in the Perspective of Restorative Justice Hariyanto Hariyanto; Oksep adhayanto; Fihtriatus Shalihah
Corruptio Vol 4 No 1 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v4i1.2922

Abstract

Indonesia implements a punishment system that refers to the absolute theory or theory of retaliation and retributive flow, namely the imposition of punishment is an absolute consequence that must exist as a retaliation to people who have committed crimes so that the basis for justifying the imposition of punishment lies in the existence of the crime itself. Restorative justice is in principle an approach that is used to resolve problems outside the court by mediation or deliberation in achieving justice expected by the parties. The purpose of this study is to provide an overview of the benefits of restorative justice in the criminal law enforcement process. This research is a type of normative legal research. The approach method used is a statutory approach and a conceptual approach. Sources of research data are secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The data were analyzed using a qualitative descriptive method. Based on the results of this study, the restorative justice approach is suitable as a punishment goal and is beneficial in reducing the accumulation of cases and the negative stigma of imprisonment. Restorative justice is the settlement of criminal cases involving perpetrators, victims, families of perpetrators/ victims, and other related parties to jointly seek a fair solution by emphasizing restoration to its original state, and not retaliation. Restorative justice is a subsystem of punishment where other subsystems are interconnected and work to achieve benefits. The principle of restorative justice is that victims get compensation for those who suffer losses, peace and agreements that can restore the victim's condition.
Free Verdict Against Executors of Illegal Fees as Corruption Crimes Agnesia Mutiara Sani; Maya Shafira; Ahmad Irzal Fardiansyah
Corruptio Vol 4 No 1 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v4i1.2965

Abstract

Illegal levies are the designation of all forms of levies that are unofficial, which have no legal basis, so the act of levies is referred to as illegal levies. One of the criminal acts of corruption that occurs in people's lives is illegal fees. An example of a criminal case of illegal fees is the case in Decision Number: 46/Pid.Sus-TPK/2018/PN.Tjk in that case the defendant  was acquitted. Judging from the judge's decision that acquitted the defendant, the authors conducted research on the identification of illegal fees as a criminal act of corruption and what was the basis for the considerations of the Panel of Judges in passing an acquittal in cases of criminal acts of corruption based on Decision Number: 46/Pid.Sus-TPK/2018/ PN. Tjk. The problem with this research is the identification of extortion as a criminal act of corruption. and what are the basic considerations of the Panel of Judges in passing an acquittal in a corruption case based on Decision Number: 46/ Pid.Sus -TPK/2018/PN. Tjk The research method used is normative juridical research method, sources of primary and secondary legal materials. From this study it can be concluded that illegal fees can be categorized as a criminal act of corruption, this action is regulated in Article 12 letter e of Law Number 31 of 1999 which has been amended and added to Law Number 20 of 2001 concerning Eradication of Corruption Crimes. That the basis for the judge's considerations in deciding that the corruption case was free of Decision Number: 46/Pid.Sus-TPK/2018/PN.Tjk Defendant did not meet the elements of "benefiting oneself or others" and the element of "receiving gifts or promises" as charged in the Alternative indictment by the Public Prosecutor, so that the defendant is not legally and convincingly proven guilty of committing a criminal act of corruption.
Law Enforcement of Corruption Crimes by Village Apparatuses in Village Fund Allocations Dava Prawira Wibowo; Muhammad Zumri Aqil
Corruptio Vol 4 No 1 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v4i1.2970

Abstract

Indonesia is still struggling to break free from the shackles of corruption. Corruption does not only occur at the central government level, but corruption also occurs at the village government level. Such a large source of village funding is a consequence of the enactment of the Village Law Number 6 of 2014. The Village Fund (DD) is very likely to become a wetland for village officials/officials to commit acts of corruption. That with very large village funds, it is possible that many village officials take advantage of their power to commit fraud and others The method used by using a normative juridical approach method and supported by empirical juridical approach in the form of support from criminal law experts and law enforcement to support normative juridical data. Approach Normative juridical is done by seeing, analyzing and interpreting matters of a theoretical nature concerning legal principles through search related literature directly or indirectly direct In an effort to tackle the criminal act of corruption in village funds, it CAN be carried out in 2 (two) ways, the first effort is a preventive or non-penal effort. related agencies to carry out investigative audits. The prosecutor can do pro justitia. After conducting the audit, the prosecutor's office wrote to the relevant party, namely the alleged party, in this case the village official, to return the money within 60 days starting from the letter received by the alleged party. If within 60 days the alleged party does not return the money, the prosecutor's office will take repressive v action. in making efforts to overcome criminal acts of corruption, funds should be more inclined to seek repressive measures, although not forgetting that preventive measures themselves are based on pro justitia or have binding legal force.
Formulation of Criminal Law Calculation Regarding Insufficient Compensation Money in Corruption Cases Ade Sofyansyah; Bayu Sujadmiko
Corruptio Vol 4 No 1 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v4i1.2976

Abstract

So far, corrupt convicts continue serving full sentences even though they have paid part of the replacement money. At the same time, there is no specific formulation regarding calculating the amount of compensation paid for the length of imprisonment for replacement money that needs to be paid more. This is certainly a problem for the prosecutor's office as law enforcement officers in Indonesia to eradicate corruption cases. So that a special formulation is needed in calculating the replacement money, which is then ratified in legal regulation; based on these legal issues, this research aims to examine the perspective of the formulation of criminal law calculations on insufficient replacement of money in corruption cases. This research uses a normative research methodology and examines written law from various perspectives, including theory, history, philosophy, comparison, structure and composition, scope and material, consistency, general explanation and article by article, formality, and binding power of a law-law. This research includes primary, secondary, and tertiary legal materials as data sources. Data processing includes data verification, data marking, data reconstruction, and data systematization. Furthermore, a qualitative descriptive analysis was carried out on the data. The study results indicate that the calculation of the criminal law on insufficient replacement money in corruption cases is based on a proportionality or comparability approach.
Justice In Absentia In Corruption Crimes Muhammad Alief Ramadhan
Corruptio Vol 4 No 1 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v4i1.2974

Abstract

Indonesian criminal law adheres to the criminal conviction system in absentia, namely the criminal conviction system in the absence of the Defendant. Justice in absentia is only allowed for traffic offenders. Then how is the judiciary in absentia applied in cases of corruption crimes. This research uses the empirical juridical method, which is an approach that examines secondary data first and then continues by conducting primary data research in the field. In the implementation of the judiciary by means of absentia in corruption cases, it has gone through the investigation stage where the summons against the Defendant is carried out three times, then the Public Prosecutor transfers the case to the Court not accompanied by the Minutes of Examination and Detention. In the examination process before the Court, the Panel of Judges has the authority to give a verdict on the reported criminal act. The Panel of Judges in deciding corruption crimes in absentia in the judgment Number: 8 / Pid.Sus-TPK / 2022 / PN. TJK and 9/Pid.Sus-TPK/2022/PN. TJK The defendant was found guilty of committing a criminal act of corruption by considering juridical, sociological, philosophical considerations.
Implications of Money Laundering From Corruption Proceeds on The Application of Reverse Evidence in Corruption Crimes Lindasari Lindasari
Corruptio Vol 4 No 1 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v4i1.3051

Abstract

Corruption is one of the Extra Ordinary Crimes because of the difficulty of proving the crime by law enforcement. In the enforcement and eradication of corruption crimes, there are several problems faced, one of which is in settlement of corruption crimes through juridical settlement, namely the existence of an evidentiary process that is considered complex in court and as minimal as possible does not damage the protection and honor of human rights.  The United Kingdom and other European countries have used civil channels to return assets resulting from money laundering crimes, while Indonesia is still returning assets from money laundering crimes, meaning there is no return of any assets before a court decision. It takes courage from related law enforcement in the criminal act of money laundering by using the reverse burden of proof in the law of proving money laundering cases. This study aims to determine the application of reverse proof in corruption cases. This research uses normative legal research methods. The results of the study The application of reverse proof requires review because, in reverse proof, the defendant must prove that his property is not a crime of corruption. The application of the reverse proof policy is that most of the assets owned by the bribe giver are not in the name of the briber but have been suspected of money laundering to hide the original identity of the assets derived from the proceeds of corruption.
The Purpose of Crimination Against Perpetrators and Victims in the Perspective of Restorative Justice Hariyanto, Hariyanto; adhayanto, Oksep; Shalihah, Fihtriatus
Corruptio Vol 4 No 1 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v4i1.2922

Abstract

Indonesia implements a punishment system that refers to the absolute theory or theory of retaliation and retributive flow, namely the imposition of punishment is an absolute consequence that must exist as a retaliation to people who have committed crimes so that the basis for justifying the imposition of punishment lies in the existence of the crime itself. Restorative justice is in principle an approach that is used to resolve problems outside the court by mediation or deliberation in achieving justice expected by the parties. The purpose of this study is to provide an overview of the benefits of restorative justice in the criminal law enforcement process. This research is a type of normative legal research. The approach method used is a statutory approach and a conceptual approach. Sources of research data are secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The data were analyzed using a qualitative descriptive method. Based on the results of this study, the restorative justice approach is suitable as a punishment goal and is beneficial in reducing the accumulation of cases and the negative stigma of imprisonment. Restorative justice is the settlement of criminal cases involving perpetrators, victims, families of perpetrators/ victims, and other related parties to jointly seek a fair solution by emphasizing restoration to its original state, and not retaliation. Restorative justice is a subsystem of punishment where other subsystems are interconnected and work to achieve benefits. The principle of restorative justice is that victims get compensation for those who suffer losses, peace and agreements that can restore the victim's condition.
Free Verdict Against Executors of Illegal Fees as Corruption Crimes Sani, Agnesia Mutiara; Shafira, Maya; Fardiansyah, Ahmad Irzal
Corruptio Vol 4 No 1 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v4i1.2965

Abstract

Illegal levies are the designation of all forms of levies that are unofficial, which have no legal basis, so the act of levies is referred to as illegal levies. One of the criminal acts of corruption that occurs in people's lives is illegal fees. An example of a criminal case of illegal fees is the case in Decision Number: 46/Pid.Sus-TPK/2018/PN.Tjk in that case the defendant  was acquitted. Judging from the judge's decision that acquitted the defendant, the authors conducted research on the identification of illegal fees as a criminal act of corruption and what was the basis for the considerations of the Panel of Judges in passing an acquittal in cases of criminal acts of corruption based on Decision Number: 46/Pid.Sus-TPK/2018/ PN. Tjk. The problem with this research is the identification of extortion as a criminal act of corruption. and what are the basic considerations of the Panel of Judges in passing an acquittal in a corruption case based on Decision Number: 46/ Pid.Sus -TPK/2018/PN. Tjk The research method used is normative juridical research method, sources of primary and secondary legal materials. From this study it can be concluded that illegal fees can be categorized as a criminal act of corruption, this action is regulated in Article 12 letter e of Law Number 31 of 1999 which has been amended and added to Law Number 20 of 2001 concerning Eradication of Corruption Crimes. That the basis for the judge's considerations in deciding that the corruption case was free of Decision Number: 46/Pid.Sus-TPK/2018/PN.Tjk Defendant did not meet the elements of "benefiting oneself or others" and the element of "receiving gifts or promises" as charged in the Alternative indictment by the Public Prosecutor, so that the defendant is not legally and convincingly proven guilty of committing a criminal act of corruption.
Law Enforcement of Corruption Crimes by Village Apparatuses in Village Fund Allocations Wibowo, Dava Prawira; Aqil, Muhammad Zumri
Corruptio Vol 4 No 1 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v4i1.2970

Abstract

Indonesia is still struggling to break free from the shackles of corruption. Corruption does not only occur at the central government level, but corruption also occurs at the village government level. Such a large source of village funding is a consequence of the enactment of the Village Law Number 6 of 2014. The Village Fund (DD) is very likely to become a wetland for village officials/officials to commit acts of corruption. That with very large village funds, it is possible that many village officials take advantage of their power to commit fraud and others The method used by using a normative juridical approach method and supported by empirical juridical approach in the form of support from criminal law experts and law enforcement to support normative juridical data. Approach Normative juridical is done by seeing, analyzing and interpreting matters of a theoretical nature concerning legal principles through search related literature directly or indirectly direct In an effort to tackle the criminal act of corruption in village funds, it CAN be carried out in 2 (two) ways, the first effort is a preventive or non-penal effort. related agencies to carry out investigative audits. The prosecutor can do pro justitia. After conducting the audit, the prosecutor's office wrote to the relevant party, namely the alleged party, in this case the village official, to return the money within 60 days starting from the letter received by the alleged party. If within 60 days the alleged party does not return the money, the prosecutor's office will take repressive v action. in making efforts to overcome criminal acts of corruption, funds should be more inclined to seek repressive measures, although not forgetting that preventive measures themselves are based on pro justitia or have binding legal force.
Justice In Absentia In Corruption Crimes Ramadhan, Muhammad Alief
Corruptio Vol 4 No 1 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v4i1.2974

Abstract

Indonesian criminal law adheres to the criminal conviction system in absentia, namely the criminal conviction system in the absence of the Defendant. Justice in absentia is only allowed for traffic offenders. Then how is the judiciary in absentia applied in cases of corruption crimes. This research uses the empirical juridical method, which is an approach that examines secondary data first and then continues by conducting primary data research in the field. In the implementation of the judiciary by means of absentia in corruption cases, it has gone through the investigation stage where the summons against the Defendant is carried out three times, then the Public Prosecutor transfers the case to the Court not accompanied by the Minutes of Examination and Detention. In the examination process before the Court, the Panel of Judges has the authority to give a verdict on the reported criminal act. The Panel of Judges in deciding corruption crimes in absentia in the judgment Number: 8 / Pid.Sus-TPK / 2022 / PN. TJK and 9/Pid.Sus-TPK/2022/PN. TJK The defendant was found guilty of committing a criminal act of corruption by considering juridical, sociological, philosophical considerations.

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