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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 7 Documents
 1 
Search results for , issue "Vol 4 No 2 (2023)" : 7 Documents clear
Legal Comparison of Deferred Prosecution Agreement (DPA) Methods in the USA, UK and Indonesia for Recovering State Financial Losses Due to Corruption Crimes Ilham Nur Pratama
Corruptio Vol 4 No 2 (2023): Issue In progress (August 2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v4i2.2853

Abstract

A deferred prosecution agreement (DPA) is an attempt to delay prosecution by making an agreement between the prosecutor and the corporation that committed the crime. This system has been implemented in the United Kingdom and the United States. DPA is one of the solutions to problems in the process of eradicating corruption. However, differences in the legal system are obstacles to its application in Indonesia. So it is necessary to develop an approach to be able to determine a model that is in accordance with the existing laws in Indonesia. Using normative juridical methods, how do DPA in USA, UK, and similar legal institutions compare with DPAs in Indonesia and their obstacles. Based on the research findings and discussions, it can be concluded that in the USA, DPA can be executed when there is corporate acknowledgment of criminal facts, an agreement to cooperate, a specified timeframe for the agreement, and an agreement involving a certain amount of monetary payments as a condition. In the UK, DPA serves as a probation for corporations, involving a negotiation, approval, and enforcement process. Furthermore, because Indonesia has not yet implemented DPA, but there are legal mechanisms with characteristics similar to DPA, namely diversion, restorative justice, the prosecutor's principle of opportunity, fines payment, and the MSAA/MRNIA model applied in the case of the Bank Indonesia Liquidity Assistance.
Legal Comparison of Deferred Prosecution Agreement (DPA) Methods in the USA, UK and Indonesia for Recovering State Financial Losses Due to Corruption Crimes Pratama, Ilham Nur
Corruptio Vol 4 No 2 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v4i2.2853

Abstract

A deferred prosecution agreement (DPA) is an attempt to delay prosecution by making an agreement between the prosecutor and the corporation that committed the crime. This system has been implemented in the United Kingdom and the United States. DPA is one of the solutions to problems in the process of eradicating corruption. However, differences in the legal system are obstacles to its application in Indonesia. So it is necessary to develop an approach to be able to determine a model that is in accordance with the existing laws in Indonesia. Using normative juridical methods, how do DPA in USA, UK, and similar legal institutions compare with DPAs in Indonesia and their obstacles. Based on the research findings and discussions, it can be concluded that in the USA, DPA can be executed when there is corporate acknowledgment of criminal facts, an agreement to cooperate, a specified timeframe for the agreement, and an agreement involving a certain amount of monetary payments as a condition. In the UK, DPA serves as a probation for corporations, involving a negotiation, approval, and enforcement process. Furthermore, because Indonesia has not yet implemented DPA, but there are legal mechanisms with characteristics similar to DPA, namely diversion, restorative justice, the prosecutor's principle of opportunity, fines payment, and the MSAA/MRNIA model applied in the case of the Bank Indonesia Liquidity Assistance.
Dissenting Opinion of Corruption Court Judges as a Form of Freedom and Legal Reform in Indonesia Simanjuntak, Louis Fernando; Rusmiati, Elis; Atmaja, Budi Arta
Corruptio Vol 4 No 2 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v4i2.3050

Abstract

The existence of dissenting opinions is a step in organizing law enforcement. This is also an important issue in organizing judicial power in relation to the 1945 Constitution and Law No. 48/2009 on Judicial Power. In Indonesia itself, judges are allowed to give dissenting opinions, although there has never been a clear definition of dissenting opinions. In Anglo-Saxon law, dissenting opinions have become commonplace, and these dissenting opinions often form new laws. This is in line with the term "judge made law". Therefore, the existence of dissenting opinion is very important, because it can continue to update the existing law.This research includes normative or doctrinal legal analysis because it wants an accurate and clear picture of the judge's dissenting opinion on the verdict of a corruption case. To explain and find answers to problems, theories are used as the basis for analysis, namely Legal Certainty Theory, Judicial Power Theory, Evidence Theory, Legal Construction Theory, and Sentencing Theory.The impact of the application of dissenting opinions by judges is an instrument towards a better quality of law enforcement, not just a matter of majority and minority in the consideration of judges but a consideration of whether or not a criminal offense has been proven. Therefore, further regulation of the conception of dissenting opinions in Indonesia is important. Legal reform of the Criminal Procedure Code in Indonesia and dissenting opinions must be regulated in the Criminal Procedure Code, precisely in the decree article 197, so that it becomes part of the consideration of a decision. The mechanism for entering dissenting opinions needs to be further regulated so that it becomes a form of transparency to the public.
Evidence in the Corruption Case of Road Reconstruction Sya’bania, Dewi Nabila; Auliany, Nafisa; Aziz, Hafizh Abdul; Chardena, Raincalosta Neodhy; Sangkut, Andi
Corruptio Vol 4 No 2 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v4i2.3078

Abstract

The state civil apparatus has an important role for the state, which is given the mandate and responsibility by the state and people in managing government affairs which become their respective functions and duties. The government apparatus in carrying out their duties must be good and full of integrity, because they are given trust by the government and society in carrying out their duties. People put their hopes on them to realize good governance in the future. However, the reality in the field is inversely proportional to what should be. In practice, the problem that often arises in the misuse of the duties of government officials is the practice of corruption. One of the cases of corruption that occurred in the field of procurement of goods or services was a case that occurred in North Lampung with the defendant named Yasril as the Commitment Making Officer at the PUPR Office of North Lampung Regency and the defendant Abdul Azim as his project partner. Yasril is considered to have neglected his duties as a Commitment Making Officer in the Kalibalangan Brach Four Road Widening Project, South Abung District, North Lampung Regency, in the 2019 fiscal year. The problem discussed in this study is how criminal liability for perpetrators of corruption crimes as in Decision Number: 3/Pid.Sus-TPK/2022/PN.Tjk and Decision Number: 4/Pid.Sus-TPK/2022/PN.Tjk? This research uses normative juridical research methods, namely research conducted based on primary legal materials by examining theories, concepts, legal principles and laws and regulations related to this research. It can be concluded that the prosecutor's method of proof was inaccurate and lacked caution in conducting the investigation, resulting in their imperfect indictment. So that the panel of judges did not believe in the results of the calculation of state financial losses submitted by the prosecutor's expert from the Public Accounting Firm Mahlizar, Jailani & Partners. This is because the calculation of state losses is based on procedures and procedures that do not contain certainty and are only based on assumptions. Thus, the panel of judges finally decided to acquit the two defendants from all charges.
Refinement of Taxpayer Legal Subject provisions in the New Criminal Code against the Offence of Corporate Tax Avoidance in Indonesia Kusworo, Daffa Ladro
Corruptio Vol 4 No 2 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v4i2.3128

Abstract

Law No. 16 of 2009 concerning General Provisions and Tax Procedures (UU KUP) focuses on corporate criminal liability and criminal sanctions related to criminal offenses in the field of taxation. This stems from criminal responsibility to corporations as a prerequisite for corporate punishment. Criminal acts in the field of taxation are regulated in the KUP Law in terms of legal subjects covered by the KUP Law and criminal sanctions in the event of a violation of the criminal act, but there are inconsistencies in criminal liability for corporations and criminal sanctions regulated in Articles 38, 39, and 39A UU KUP, thus creating uncertainty in law enforcement. In addition, corporate law enforcement has no basis for calculating the conversion of substitute imprisonment if the defendant is unable to fulfill the fine as stipulated in the decision. The research method used is normative juridical which refers to laws and regulations regarding taxation accompanied by literature studies in the form of books, journals, and others. Data analysis was carried out through a qualitative descriptive approach to describe legal phenomena that occur in order to find solutions to problems through a specific conclusion. The results of the study show that the formulation of offenses in the KUP Law is actually inconsistent with the theories of criminal responsibility in the context of criminal law, even though Articles 38, 39, 39A and 43 are intended to regulate criminal provisions in the field of taxation. The problems of the judge's decision above can be resolved when in the future the New Criminal Code is implemented, which substantially explains in detail legal subjects in classification by using cumulative punishment. seen from the articles that have corporate elements in Articles 45-50 Criminal code.
Investigation of Money Laundering Cases by Investigators Who Do Not Investigated the Predicate Crime Syakur, Syahrijal
Corruptio Vol 4 No 2 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v4i2.3213

Abstract

Combining predicate crime investigations with money laundering cases is very possible if investigators find sufficient preliminary evidence of the occurrence of money laundering crimes when investigating predicate crimes. Then the merger of predicate crime investigations and money laundering cases is the authority given to investigators. This paper aims to find out about the investigation of money laundering case by other investigators who did not investigate the predicate crime, and who have not investigated the predicate crime. The research method used in this paper is a doctrinal method with a statutory, case, and conceptual approach. The results of this study are that if in accordance with Article 74 of the Money Laundering Law in conjunction with Article 2 paragraph (1) of the Money Laundering Law, the two investigative agencies have the same authority to investigate predicate crimes and both are also authorized to investigate money laundering cases, the investigator agency is authorized to investigate money laundering cases where the predicate crime investigation was carried out by investigators from different agencies.
Asset Return in Money Laundering Boong, Vicariya Retnowati; Irawan, Joshua Evandeo; Ibrahim, Christian; Jonathan, Steven
Corruptio Vol 4 No 2 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v4i2.3237

Abstract

Money Laundering Crime as a further criminal act has placed and involved two main perpetrators, namely active actors as parties trying to hide or disguise the origin of assets that are the result of criminal acts in various ways, and passive actors as parties who receive Money Laundering Crime assets. The return of Money Laundering Crime assets is not only through coercive measures, but also requires a voluntary return by the receiving party. In practice, voluntary returns create uncertainty when the receiving party (passive actor) from the beginning does not know the origin of the assets received. Through various money laundering cases in Indonesia in June-July 2022, the Authors are very interested in analyzing the extent of obligations related to the return of Money Laundering Crime assets. This research uses normative juridical methodology with Law approach and concept approach. The purpose of this study is to determine the obligations that must be carried out by passive trafficking actors based on Law No. 8 of 2010.

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