Corruptio
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.
Articles
74 Documents
<![CDATA[Implications of Money Laundering From Corruption Proceeds on The Application of Reverse Evidence in Corruption Crimes ]]>
<![CDATA[Lindasari, Lindasari]]>
<![CDATA[ Corruptio Vol 4 No 1 (2023) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/corruptio.v4i1.3051
<![CDATA[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.]]>
<![CDATA[Evidence in the Corruption Case of Road Reconstruction ]]>
<![CDATA[Sya’bania, Dewi Nabila]]>;
<![CDATA[Auliany, Nafisa]]>;
<![CDATA[Aziz, Hafizh Abdul]]>;
<![CDATA[Chardena, Raincalosta Neodhy]]>;
<![CDATA[Sangkut, Andi]]>
<![CDATA[ Corruptio Vol 4 No 2 (2023) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/corruptio.v4i2.3078
<![CDATA[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.]]>
<![CDATA[Refinement of Taxpayer Legal Subject provisions in the New Criminal Code against the Offence of Corporate Tax Avoidance in Indonesia ]]>
<![CDATA[Kusworo, Daffa Ladro]]>
<![CDATA[ Corruptio Vol 4 No 2 (2023) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/corruptio.v4i2.3128
<![CDATA[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.]]>
<![CDATA[Investigation of Money Laundering Cases by Investigators Who Do Not Investigated the Predicate Crime ]]>
<![CDATA[Syakur, Syahrijal]]>
<![CDATA[ Corruptio Vol 4 No 2 (2023) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/corruptio.v4i2.3213
<![CDATA[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.]]>
<![CDATA[Asset Return in Money Laundering ]]>
<![CDATA[Boong, Vicariya Retnowati]]>;
<![CDATA[Irawan, Joshua Evandeo]]>;
<![CDATA[Ibrahim, Christian]]>;
<![CDATA[Jonathan, Steven]]>
<![CDATA[ Corruptio Vol 4 No 2 (2023) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/corruptio.v4i2.3237
<![CDATA[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.]]>
<![CDATA[Disclaimer of Political Rights As An Effort to Eradicate Corruption ]]>
<![CDATA[Yuningsih, Henny]]>;
<![CDATA[Nashriana, Nashriana]]>;
<![CDATA[Febriani, Indah]]>;
<![CDATA[Rumesten, Iza]]>
<![CDATA[ Corruptio Vol 5 No 1 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/corruptio.v5i1.3263
<![CDATA[Corruption is an extraordinary crime, so extraordinary methods are also needed to prevent and eradicate this crime. The imposition of serious crimes is one of the ways needed to eradicate them, then new punitive breakthroughs are also needed in order to provide a sense of deterrence and fear to both the perpetrators and the community. Several cases that have been decided during the trial of corruption at the first level, among others, are on behalf of the accused, Inspector General. Djoko Susilo in the corruption case of the procurement of a driving license (SIM) simulator tool, the KPK Public Prosecutor demanded additional crimes of revoking the right to vote and vote in general elections and public office (political rights), and the panel of judges granted the demands at the appeal level. This additional punishment is regulated in article 35 of the Criminal Code in conjunction with article 18 paragraph (1) of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning Corruption. This research uses normative legal research methods, supported by primary, secondary and tertiary legal sources. With descriptive qualitative analysis.The problem with this additional punishment for depriving political rights is how to apply this additional punishment for depriving political rights in the prevention and eradication of corruption, because of course the KPK has strong reasons why this additional punishment is included as a punishment for perpetrators of corruption.]]>
<![CDATA[Supervision of Non-Profit Organizations (NPO) On Potential Criminal Acts of Money Laundering and Terrorist Financing ]]>
<![CDATA[Hasan, Fuad]]>
<![CDATA[ Corruptio Vol 5 No 1 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/corruptio.v5i1.3310
<![CDATA[The biggest challenge for NPOs is how the purpose of the NPO, to serve the community, can be run by legal corridors and not be used as a medium for money laundering for criminals or terrorism funding. Supervision of NPOs has a very important purpose in the context of preventing terrorism financing and also in the context of preventing money laundering. Therefore, the identification of donor recipients or beneficiaries for NPOs needs to be analyzed by looking at the existing regulatory framework, and whether the regulatory framework can effectively prevent money laundering and terrorism financing. This paper aims to discuss the supervision mechanism of NPOs in mitigating money laundering and terrorism financing, as well as the liability of NPOs if used as a medium for Money Laundering or Terrorist Financing. The research in this paper is Normative Research with Explanatory Descriptive Research Typology. The data analysis technique that the author uses is data analysis with a qualitative approach. Based on the research conducted by the author, it can be concluded that to prevent NPO funding from being misused for money laundering or terrorist financing, by way of supervision of the transaction flow of Mass Organizations as customers by the financial service provider through the identification and verification of donors and recipients or beneficial owner of NPO, and by the risk-based supervision of NPOs conducted by the Ministry that has authority to allow the establishment of NPOs through educating, monitoring and evaluation.]]>
<![CDATA[Analysis The Integration of The Criminal Justice System in Handling Corruption ]]>
<![CDATA[Husin, Nabilla Callosa]]>
<![CDATA[ Corruptio Vol 5 No 1 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/corruptio.v5i1.3336
<![CDATA[Corruption as a serious crime has detrimental effects on the state and society. One of the solutions to overcome corruption is by implementing an integrated criminal justice system that involves law enforcement agencies, such as the police, prosecutors and judges. Enforcement of the criminal justice system must be based on the KUHAP as the mouthpiece of the law for the Police and Prosecutor, meanwhile, the KPK is not only based on the KUHAP but also on Law Number 19 of 2019 jo. Law Number 30 of 2002 on The Corruption Eradication Commission (KPK). The synergy that is expected in the context of overcoming criminal acts of corruption in the context of the criminal justice system turns out to still contain law enforcement problems in it, such as the substance of the law, overlapping authority, independence, weak coordination, human resources, and the lack of optimality of the special criminal justice system.]]>
<![CDATA[Cultural Constraints in the Eradication of Corruption in Indonesia ]]>
<![CDATA[Effendi, Erdianto]]>;
<![CDATA[Susanti, Heni]]>
<![CDATA[ Corruptio Vol 5 No 1 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/corruptio.v5i1.3350
<![CDATA[Corruption is the enemy of mankind around the world. The eradication of corruption in Indonesia today is increasing if you look at the quantity. However, the massive efforts to eradicate corruption in Indonesia seem to have not been successful because corruption continues to occur. The problem can be formulated in this article, namely: Is culture an obstacle to efforts to eradicate corruption in Indonesia. Using a normative juridical research approach, it was found that one of the obstacles to the eradication of corruption is a cultural obstacle where corruption actors who are political figures and community leaders are often regarded as good people who must be defended. The main problem is that the culture that was originally considered noble by the community is misused in practice as a means of facilitating corruption.]]>
<![CDATA[Infaq vs. Bribery in Corruption Criminal Cases ]]>
<![CDATA[Balkis, Fahira]]>;
<![CDATA[Shafira, Maya]]>;
<![CDATA[Jatmiko, Gunawan]]>;
<![CDATA[Maroni, Maroni]]>
<![CDATA[ Corruptio Vol 5 No 1 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/corruptio.v5i1.3398
<![CDATA[Infaq is an activity that is recommended for every Muslim. Giving Infaq can cause legal problems if the elements of the corruption crime are fulfilled. iAs happened in iCase Number i29/Pid.Sus-TPK/2022/PN iTjk. The Defendant was charged with article i5 paragraph I (1) of iLaw iNumber i20 of 2001 concerning the eradication of corruption, in conjunction with article i55(1) i1st iCriminal iCode, for giving in faq money amounting to IDR 250,000,000.00 to enroll his two nephews to the iFaculty iof iMedicine. iUniversity iof Lampung.An empirical juridical approach supports this research's informative juridical approach. The data are primary and secondary. Data collection is based on literature reviews and field studies. The data analysis method employed is qualitative analysis.]]>
