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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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Confiscation Of Assets For The Crime Corruption Used As Guarantee Mortgage Tri Yatmoko
Corruptio Vol 3 No 2 (2022)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v3i2.2728

Abstract

Asset confiscation is one of the government's efforts to compensate for state losses. The Prosecutor's Office is one institution with the authority to carry out asset confiscation based on court decisions. In carrying out judicial decisions on corruption crimes, the Prosecutor's Office experiences various obstacles in practicing the value of justice, one of which is the seizure of assets attached to mortgages. The assessment of confiscating assets burdened with mortgages uses empirical juridical methods through library research and field research. The problem of this research focused on the practice of confiscating assets resulting from corruption in recovering state finances and how is the mechanism for confiscating assets resulting from corruption with mortgages attached. The study results show that in practice, the seizure of assets resulting from corrupt criminal acts takes a very long time because the time required for a case to obtain a binding court decision can take months, maybe even years. Next, the mechanism for confiscation of assets by prosecutors can confiscate assets resulting from corruption crimes that are pledged in the bank with mortgage rights attached, as long as the court can prove that the assets are indeed the result of corruption crimes and have permanent legal force (Eintracht). Because the criminal law position (public) is higher than civil law (private).
Application Of Restorative Justice In The Settlement Of Corruption Crimes Ilham Nur Pratama; Nurul Restu Azyanti
Corruptio Vol 3 No 2 (2022)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v3i2.2732

Abstract

Corruption is a problem that is detrimental to state finances. The magnitude of the handling of corruption cases and the handling of the investigation process to execution will not be comparable if the corruption has a slight state loss. Unlike the punishing justice method with the current developments, it makes legal decisions on state losses with the restorative justice method against minor corruption crimes. Using the juridical-normative method, the authors look for available data on the mechanism and its implementation and the implementation of restorative justice by the  High Court in the Lampung Province Regions. This research's problem discussed criminalizing corruption from the perspective of restorative justice and how an advocate can apply the concept of restorative justice to corruption in Lampung area. The results show that Restorative justice is an alternative for resolving corruption cases because it provides a comprehensive and effective solution for retributive justice needs to fulfill the goal, namely the non-optimal return of state financial losses. The concept of state restorative justice as a public representative is realized only to punish the perpetrators (retributive justice).
Implementation Of The Death Criminal Sanction In The Corruption Criminal Action Law Muhammad Tetuko Nadigo Putra
Corruptio Vol 3 No 2 (2022)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v3i2.2735

Abstract

Criminal act of corruption which is governed under, subsequent called UUTPK is not yet set assertive regarding the amount and related conditions with inner country state as specific stated under Article 2 Paragraph (2) UUTPK which states: that in case act criminal corruption like as referred to in paragraph (1) is carried out in situation-specific, then criminal dead could implement. The method study used in this paper are juridical normative and empirical. Approach the study was conducted at the Tanjung Karang District Court, Bandar Lampung District Attorney, Peradi Lampung DPC, and Lampung University. Type of data used is secondary data and primary data. The results of research and discussion show that death criminal sanction not applied in acts of criminal corruption as set is in UUTPK. Regulation Number 20 of 2001 contained in Article 2 paragraph (2) is inefficient because in its implementation the judge often decides to use Article 2 paragraph (1) UUTPK in case of criminal corruption because provision chapter clearly explains the terms and the conditions of the quert article. This provision chapter could be applied, and P 2 paragraph (2) the original has much weakness because Article 2 paragraph (2) do not explain the apparent size and terms subjugated on somebody for convicted death sanction according to the author. If Article being (2) paragraph 2 wants to be applied, it must be clarified in the chapter/provision. For example, if corruption or loss of state money is above Rp. 1 billion, the convict must be punished dead. The reason as to why death criminal sunction is not applied effectively wittin corruption criminal act , has also something to do with the willingness of Indonesian judges to conviet perpetraturs with maximum punishment, of course in the and such legal decision must also be seen from varius aspects
Prison Penalty In Providing A Determination Effect For Criminal Actions Of Corruption Fristia Berdian Tamza
Corruptio Vol 3 No 2 (2022)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v3i2.2736

Abstract

The case of corruption as a phenomenon of deviation from social, cultural and state life has many scientists and philosophers study and criticize it. One of the world's famous philosophers is Aristotle, who formulated what he calls moral corruption. Moral corruption refers to various forms of the constitution that have deviated so that the regime's rulers are included in the democratic system where by they are no longer led by law, but also on the other hand no longer serv themselves. The problem in this research is the Effectiveness of Imprisonment for Criminal Acts of Corruption, and Does Imprisonment Can Have a Deterrent Effect on Perpetrators of Criminal Acts of Corruption? This paper is a normative legal research. This normative legal research method is used because the approach in this paper is carried out by using a case approach and a statute approach. The prison sentence is threatened for someone who has committed a crime. Imprisonment: consists of life imprisonment and temporary imprisonment or imprisonment for a specific time. The temporary prison sentence is a minimum of one day and a maximum of fifteen years. However, temporary imprisonment may be imposed for twenty years if the crime committed by a person is punishable by death or life imprisonment or is threatened with imprisonment of 20 (twenty) years if there is a combination of several criminal acts (same lop) the perpetrators of criminal acts of corruption deserve death penalty, as such being given the death penalty will provide a deterrent effect and also be a lesson for others not to do the same thing (corruption). Almost no judges generally impose the death penalty because it is associated with aggravating or mitigating reasons. The mitigating factor is far more dominant regarding the highest sentence limit, education, and others.
Corruption Potential Of Environmental Funds In Overcoming Climate Change In Indonesia Daryanti Daryanti; Raineven Sailano Violand Charnade
Corruptio Vol 3 No 2 (2022)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v3i2.2737

Abstract

Indonesia's solemnity in dealing with climate change is demonstrated by ratifying the Paris Agreement 2015 treaty into Law of the Republic of Indonesia Number 16 of 2016 concerning the ratification of the Paris Agreement to the United Nations Framework Convention on Climate Change, which contains efforts to address climate change with the REDD+ program. The Government of Indonesia receives funding from REDD+, which addresses climate change in Indonesia. However, this creates the potential for corruption in using REDD+ funds by state officials. This study aims to understand the potential for corruption of environmental funds by government officials in reducing greenhouse gas emissions and anticipating climate change in Indonesia. This paper uses research method consisting of a qualitative research methodology with literature review research. The data analysis uses an objective case approach and a normative juridical approach. Based on several cases of misuse of environmental funds in Indonesia, it is not certain that the optimization to address climate change at the Ministry of Environment will work as it should to achieve the target as promised in Indonesia's NDC for 2030.
Formulation Of The Application Of Restorative Justice To Offenders Of Corruption In Indonesia Muhammad Rahjay Pelengkahu; Indirwan Indirwan
Corruptio Vol 3 No 2 (2022)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v3i2.2756

Abstract

Today's paradigm for resolving corruption issues should move from retributive to restorative justice. The existing criminal justice system, which stresses retributive justice, is incapable of achieving the goals intended by the law's drafters, namely the suboptimal restitution of public financial losses. In light of the failure of retributive justice to prevent and remove corruption, it is vital to adopt a new strategy called restorative justice. In addition to preventing and eradicating corruption offenses, the restorative justice strategy may be utilized to maximize the recovery of losses to the state. This is a normative study with numerous primary, secondary, and tertiary legal resources serving as data sources. The evidence is then descriptively and qualitatively examined, resulting in a conclusion addressing the legal issues. The failure of retributive justice procedures based on vengeance and neoclassical theory to satisfy society's sense of justice sparked the idea of incorporating restorative justice into the concept of punishment, particularly the punishment of those who commit corruption offenses. To use restorative justice approaches to resolving corruption cases, it is essential to establish systematized and exhaustive legal processes to eradicate corruption. The state still needs to create legal processes for resolving corruption cases utilizing restorative justice approaches. In this work, the author attempts to develop a legal system for resolving corruption cases with restorative justice approaches that consider crucial variables and the repercussions of implementing this procedure.
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.

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