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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 71 Documents
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Law Enforcement of Corruption Cases Through a Participatory Society as an Effort to Protect Constitutional Rights Diya Ul Akmal; Pipih Ludia Karsa; Syafrijal Mughni Madda
Corruptio Vol 2 No 2 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v2i2.2368

Abstract

A participatory society can play an essential role in the prosecution of corruption cases. By providing information on alleged corruption, a participatory community can assist anti-corruption institutions so that corruption as an extraordinary crime can be eradicated as a means of enforcing people's constitutional rights. The authors attempt to perceive things by defending constitutional rights from a societal standpoint, a right of citizens who have had their rights violated by acts of corruption. The method used in this research is a normative legal method that refers to the norms in the laws and regulations, court decisions, and social society.  The data used is secondary data obtained from various sources with appropriate and relevant topics so that it becomes chaotic in discussing related problems. The community's active role in uncovering corruption cases is part of the obligation to break the chain of corruption and fulfil citizens' rights to enforce the law. The amount of budget allocated for disclosing corruption cases is leading the government to protect citizens' constitutional rights from the threat of corruption. Although the handling is still considered unsuccessful because many cases have not been revealed, the efforts made deserve to be recognised.
Legal Comparison against the Death Penalty Sanctions regulated in the Positive Laws of Indonesia and China Kesuma Irdini
Corruptio Vol 2 No 2 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v2i2.2387

Abstract

Corruption is a severe problem worldwide, so it takes a strict rule of law and strong law enforcement efforts to eradicate it. China's legal system has proven to be effective in reducing corruption among state officials. One of China's anti-corruption efforts is to impose harsh penalties on perpetrators, including the death penalty. In light of this success, this study will conduct a legal comparison with the death penalty, which is regulated in Indonesian and Chinese positive law. The type of research used is normative juridical with a conceptual and statute approach. The data processed in this study include primary data and secondary data with data collection techniques and management using a literature review. The findings of this study highlight the threat of the Death Penalty, as outlined in Article 2 Paragraph (2) of the Corruption Crime Act, which focuses on corrupt acts committed under certain conditions. In Indonesia, no one has ever been sentenced to death for corruption. The People's Republic of China's Criminal Law of the death penalty threat has existed since 1900 AD. Article 383 of the Chinese Criminal Code stipulates that anyone who accepts bribes is subject to the death penalty. A significant difference from this Comparison lies in the classification of capital punishment with a corruption amount of more than 50,000 Yuan and for bribery cases in Chinese regulations. Meanwhile, there is no such regulation in Article 2 paragraph (2) of the Indonesian Corruption Laws.
Coordination in the Corruption Eradication Commission (KPK)'s Prosecution Tasks Based on Independence Perspective Ndaru Satrio; Nina Zainab
Corruptio Vol 2 No 2 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v2i2.2433

Abstract

Coordination of KPK prosecution duties as stated in Article 12A of Law no. 19 of 2019 amending Law No. 30 of 2002 concerning the Commission for the Eradication of Criminal Acts of Corruption, or Komisi Pemberantasan Korupsi (KPK) raises concerns because it creates dependence on other institutions and certainly reduces the independence of the KPK institution. As for some of the problems that need to be known from the existence of this coordination concept, among others: (1) the coordination can be directed towards the form of KPK's subordination to the prosecutor's institution; (2) coordination makes the confidentiality of data held by the KPK not maintained; (3) this coordination is very prone to conflict of interest with the prosecutor's office; (4) this coordination also raises concerns that rotten politics in the resolution of corruption cases may occur. The author uses independence principle analysis. The type of research used in compiling this paper is normative or doctrinal legal research. The research shows that coordination can be done using clear boundaries. First, coordination is still allowed to the extent that it is possible to combine cases that the KPK may not handle. Second, coordination can also be carried out in the event of merging a corruption case that is not the authority of the KPK. Third, the coordination also can be done in the case of the concurrent events. Fourth, the coordination is only related to procedural law.
The Relevance of Supreme Court Regulation No. 1 of 2020 in Efforts of State Losses Refund through Restorative Justice Niko Jaya Kusuma; Firganefi Firganefi; Muhammad Farid
Corruptio Vol 2 No 2 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v2i2.2434

Abstract

The government has moved quickly to find a legal breakthrough related to reducing corruption in Indonesia. One of the efforts made by the government is through the Supreme Court to eradicate corruption is the enactment of Supreme Court Regulation No. 1 of 2020 concerning Guidelines for the Criminalization of Articles 2 and 3 of the Law on the Eradication of Corruption Crimes. The consideration is that the imposition of a crime must be carried out with due regard for the certainty and proportionality of punishment to realize justice based on Pancasila and the Republic of Indonesia's 1945 Constitution. The objectives of the Supreme Court Regulation prioritize victim’s losses to be recovered. Moreover, the regulation proportional benefits in imposing penalties on criminal cases is compatible with the Restorative Justice approach. The restorative justice process is expected to be a legal breakthrough in restoring state finances, with dealing with Criminal Corruption Cases focusing on efforts to restore state finances as a whole rather than just prosecuting the perpetrators. Thus, the purpose of this research is to determine how relevant Supreme Court Regulation No. 1 of 2020 are to efforts to recover state losses through restorative justice. This research employs both a normative and an empirical legal approach. Data were gathered through literature reviews and field studies and analyzed qualitatively. The present study confirmed the author's thoughts about the relevancies of Supreme Court Regulation No. 1 of 2020 to recover state losses through restorative justice as Supreme Court Regulation No. 1 of 2020 play a role as a law enforcement's main element as a legal substance.
The Basis For The Judge’s Consideration Of Acquitting The Perpetrators Of Corruption Crime Anjuandi Saragih; Sohibul Ihsan
Corruptio Vol 3 No 1 (2022)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v3i1.2520

Abstract

The decision to release is known as the "vrijspraak" decision in the Continental European family of law. In general, the defendant is released after being found illegally and convincingly guilty of the crime charged by the prosecutor/public prosecutor in the indictment. We can see the acquittal in case Number: 2/Pid/Sus-TPK/2019/PN.Tjk. This study aims to determine the basis of the judge's legal considerations in imposing an acquittal and how the perpetrators of corruption are held accountable. This study uses a qualitative method: data collection techniques by using library research and field studies, which are enriched by interview data sources. Based on the research results, the actions of Defendant Idhamsyah did not meet the elements stated in the Subsidiary indictment by the Public Prosecutor, so the defendant was not legally and convincingly proven guilty of committing a criminal act of corruption. Defendant as PPK did not meet the criteria for the element of "everyone" as stated by the Public Prosecutor, so the element of "everyone" was not fulfilled in the defendant's actions, according to the Panel of Judges. The judge advises dealing with corruption cases to be fair rather than harsh. Judges must consider all aspects of a juridical, philosophical, and sociological nature when deciding a case so that the court's decision falls under the decision of substantive justice.
Impoverishment As A Recovery Effort For Corruptors In Indonesia Berlin Yolanda; Margo Hadi Putra
Corruptio Vol 3 No 1 (2022)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v3i1.2553

Abstract

Corruption is one of the symptoms that we often encounter in Indonesia. The difficulty of knowing the wealth of corruption remains complex and the weakness of law enforcement in Indonesia is one of the causes of the high level of corruption in Indonesia. Because until now, there is still a lack of judges' decisions that are deterrent to corruptors, while corruption is increasingly rampant among state officials in the legislature, executive, and judiciary, especially among law enforcement officials themselves. The type of data used by the author in this paper is normative juridical, where this research examines the legal norms contained in the law and the norms that exist in society. It can be concluded that the prevention and eradication of corruption are not enough to rely on the Corruption Eradication Act but must continue to be promoted until the corruptors are powerless and deterred. One of the preventions of criminal acts of corruption is "Corruption Impoverishment." Even though the case is still a bit of impoverishment, it should be appreciated because it provides a deterrent effect for the corruptors. The loss of property can be an unpleasant result which is one of the essential elements of prosecution. As a result of this kind of treatment, life can change if, at first, the perpetrator can live comfortably with their wealth. After being convicted, the perpetrators can fall into poverty.
Money Laundering As A Transnational Crime Problems And The Ideas Of Legal Policy Reformation In Indonesia Japriyanto Japriyanto; Desia Rakhma Banjarani; Risa Mahdewi
Corruptio Vol 3 No 1 (2022)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v3i1.2604

Abstract

Various countries today are threatened by money laundering as a transnational crime known as borderless crime. This is because the impact of money laundering is not ordinary. The crime of money laundering has a considerable impact disrupting the stability of the economy and social life and even damaging the world economic order. However, various legal problems in dealing with money laundering often occur in Indonesia. With these various problems, it shows that Indonesia needs a legal reformulation related to money laundering as classified as a transnational crime. Based on this background, this research will discuss the problems of how money laundering can be classified as a transnational crime, the problems with its law enforcement, and the legal policy of money laundering as a transnational crime reformulation in Indonesia. This study uses a descriptive normative research method with a qualitative approach. The results show that the idea of reformulation in law enforcement of money laundering as a transnational crime in Indonesia is through the reconstruction of Mutual Legal Assistance or MLA between the Indonesian government and various countries in the world and the application of other international instruments, such as extradition and confiscation. Then regarding the problem of money laundering in law enforcement, it is necessary to reformulate the authority of the Corruption Eradication Commission or KPK to prosecute money laundering crimes originating from the criminal act of corruption because the Anti-Money Laundering Law has not yet clearly regulated the law enforcers who are authorized to carry out prosecutions for the Crime of Money Laundering. So to overcome this law enforcement problem, it is necessary to reform the money laundering law.
Asset Recovery for Victims of “Binary Option” Case in Review of International Criminal Law Ezzah Nariswari Lupianto
Corruptio Vol 3 No 1 (2022)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v3i1.2640

Abstract

The Binary Options Trading Platform, also known as Binomo, is becoming increasingly popular due to the massive number of advertisements appearing on Youtube, affiliates who are influencers have caused many application users to disguise themselves as trading investments which then fall victim to it. Indra Kenz has been named a suspect in fraud and money laundering under the guise of Binomo investment. The flow of funds for this investment is indicated to a number of countries in the world, not only in Indonesia, so the Binomo case is included in the realm of international crime. In this case can the binomo victim's money be returned? In this study, the empirical juridical method is used, referring to written regulations/laws and then analyzing how it is implemented in the field. This study emphasizes the rules in legal science (legal aspects) and the practice carried out in the field. This study also discussed crime without criminal prosecution by using the NCB Asset Forfeiture concept. This research is descriptive, using primary legal materials and secondary legal materials. Data collection techniques with a literature study of legal materials are also carried out. The results of the study found that it is necessary to expand and add international legal regulations in implementing the return of assets resulting from transnational crimes so that assets resulting from crimes with indications of money laundering can be confiscated and returned to victims, as well as an effective mechanism for returning assets resulting from crimes, namely through civil lawsuits against assets.
Implementing The Confiscation Of Confiscated Objects For Criminal Acts Of Corruption That Have Impaired Value Agung Abadi
Corruptio Vol 3 No 1 (2022)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v3i1.2641

Abstract

This research discuss the implementation of confiscating criminal acts of corruption that have decreased in value. The author raised this matter because, based on data released by Indonesia Corruption Watch (ICW), there were 533 (five hundred and thirty-three) cases throughout 2021. Based on this data, it was found that the total potential state losses incurred reached Rp 29.4 trillion. In contrast to the magnitude of the losses incurred, on the other hand, based on the results recorded by the Corruption Eradication Commission (KPK) that the return of state losses was only Rp 2.6 trillion, which consisted of payment of fines, compensation for the spoils, and Rp 3 billion in the form of payment of status determination and use of grant funds. From the existing problems, the author examines how to manage the confiscated objects of corruption so as not to experience a decrease in value. This research uses a normative juridical writing method; namely, the law is conceptualized as what is written in legislation, or the law is seen as a gift or norm, which is a benchmark for human behavior considered appropriate and supported by data found on the internet. After researching the problems discussed in this journal, this can be overcome by holding an auction in advance of confiscated objects that will experience a decline in value so that the recovery of state financial losses can take place optimally, which needs to be also supported by a good work ethic from law enforcement officials. The law, namely by taking good care of confiscated objects so that they do not experience a decline in value and integrated data collection in order for the confiscated objects to remain safe and unrewded or not recorded.
The Effectiveness Of Using Restorative Justice Against Minor Corruption Crime In Achieve The Ultimum Remedium Adinda Dwi Prestiwi; Hedy Dianisa Amin; Desliyona Desliyona
Corruptio Vol 3 No 1 (2022)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v3i1.2720

Abstract

Corruption is a habit that has been going on continuously among the people of Indonesia. Not only does it harm state finances, but it also injures the social and economic rights of the community, so corruption is classified as a great crime and requires extraordinary measures. So in the context of rescue and reform that requires a state that is free from corrupt behavior, it can be realized through developing progressive and just laws. In response to the resolution of the settlement of criminal acts, the Indonesian Attorney General's Office has issued regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice which is the settlement of criminal cases by prioritizing recovery from a crime that leads to progressive criminal law. Then how is the effectiveness of restorative justice against minor corruption crimes in realizing the ultimum remedium as criminal law, which is used as a last resort in law enforcement? As such this study aims to determine the effectiveness of the use of restorative justice against minor corruption in realizing the ultimum remedium. The type of research in this study uses library research, with the nature of descriptive research, and uses a normative juridical approach. The results of this study conclude that the effectiveness of the use of restorative justice against minor corruption crimes focuses on strengthening regulations in procedural terms while still referring to state financial losses and the presence or absence of means rea (evil intent) in realizing the prevention of minor corruption crimes to be resolved by an out-of-court process as an ultimum remedium step or a last resort in terms of law enforcement. Restorative justice is a legal effort to offer a comprehensive and effective solution for minor corruption cases.

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