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Matakao Corruption Law Review
Published by Universitas Pattimura
ISSN : 29879787     EISSN : 29877172     DOI : 10.47268/matakao
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
MATAKAO Corruption Law Review, yang disingkat sebagai (Matakao Corruption Law Rev.), adalah media ilmiah yang ditinjau sejawat dan dikelola serta diterbitkan oleh Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura. MATAKAO Corruption Law Review menerbitkan makalah ilmiah di bidang hukum, diterbitkan tiga kali setahun pada bulan Mei dan November. Tujuan jurnal ini adalah untuk menyediakan tempat bagi akademisi, mahasiswa, peneliti, dan praktisi untuk menerbitkan artikel penelitian asli atau artikel tinjauan. Jurnal ini menyediakan akses terbuka langsung ke isinya berdasarkan prinsip bahwa membuat penelitian tersedia secara gratis untuk publik mendukung pertukaran pengetahuan global yang lebih luas. MATAKAO Corruption Law Review tersedia secara online. Bahasa yang digunakan dalam jurnal ini adalah Bahasa Indonesia dan Bahasa Inggris. Ruang lingkup artikel yang diterbitkan dalam jurnal ini membahas berbagai isu di bidang Hukum Korupsi, Pencucian Uang, dan bagian lain yang terkait dengan isu kontemporer di bidang Hukum Korupsi dan Pencucian Uang.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 31 Documents
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Pertanggungjawaban Pidana Terhadap Pelaku Tindak Pidana Pencucian Uang Pasif Talaohu, Abdussalam Ramdani; Sopacua, Margie Gladies; Leasa, Elias Zadrach
MATAKAO Corruption Law Review Vol 1 No 1 (2023): Mei 2023 MATAKAO Corruption Law Review
Publisher : Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/matakao.v1i1.9041

Abstract

Introduction: Article 5 paragraph (1) of Law Number 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering. In this article, the maximum penalty is 5 years and a maximum fine of Rp. 1,000,000,000 (one billion rupiah). However, in the case of Faradibah Jusuf and his colleagues, one of the defendants on behalf of Soraya Pelu committed the crime of passive money laundering but was sentenced to 15 years in prison and a fine of five hundred million rupiah. This criminal provision exceeds the maximum criminal provisions in Article 5 paragraph (1). In addition, in this case there are 2 other suspected perpetrators, namely the initials DN and AMT, the closest people to the perpetrator Faradiba Yusuf, who is suspected of committing a passive money laundering crime, not being prosecuted and sentenced according to Article 5 paragraph (1) of Law Number 8 of 2010 concerning Prevention and Eradication of the Crime of Money Laundering. Purposes of the Research: This study aims to examine: Criminal liability against perpetrators of passive money laundering and the system of evidence for passive money laundering. Methods of the Research: The type of research used is normative, which is focused on providing explanations that explain a particular category. Approach the problem of the statute approach (statute approach) and the conceptual approach (conceptual approach). The collection of legal materials through primary legal materials is then free from secondary legal materials. The processing and analysis of legal materials is described in a qualitative way with the aim of describing the findings in the field. Results of the Research: Criminal responsibility for the crime of money laundering can be imposed on criminals who receive funds or assets from the criminal subject to which criminal liability is required. There is a dissenting opinion from Judge Member 1 on Decision Number 5/Pid.Sud-TPK/2020/PN Amb, which basically explains that Judge Member 1 differs in opinion because according to Judge Member 1, the punishment for each of them must refer to the guidelines that have been set, issued by the Supreme Court of the Republic of Indonesia as contained in Supreme Court Regulation (Perma) Number 1 of 2020 dated 27 July 2020. This difference of opinion concerns the roles of each which are not the same as each other, causing unequal punishment.
Kata Dapat Merugikan Keuangan Negara Dalam Undang-Undang Tindak Pidana Korupsi dan Undang-Undang Perbendaharaan Negara Salmon, Harly Clifford Jonas
MATAKAO Corruption Law Review Vol 1 No 1 (2023): Mei 2023 MATAKAO Corruption Law Review
Publisher : Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/matakao.v1i1.9042

Abstract

Introduction: The element of State Financial Loss in the Corruption Law as a formal offence where to prove the state financial loss whether the state lost or not, is not important but more emphasis on the potential financial loss of the state and the State Treasury Law as a material offence which emphasizes that the state financial loss must be proven and calculated. Purposes of the Research: Analysing the Elements of State Financial Loss in the Corruption Law and the State Treasury Law. Methods of the Research: The research method used is normative juridical, with a statutory and conceptual approach. The sources of legal materials used are primary, secondary, and tertiary legal materials. The technique of collecting legal materials carried out in this research is through literature study, namely by searching legal materials by reading, seeing, listening, or now it is mainly done by searching via the internet. The data will be analyzed using quantitative data analysis techniques in a quantitative approach. Quantitative related to the relationship of variables is analyzed using an objective theory, then described to solve the main problem in this study. Results of the Research: the conclusions can be drawn as follows: The element "may harm state finances or the state economy" is a potential loss of state finances or the state economy, not only because the act is "detrimental to state finances or the state economy in real terms", but only "may" cause losses as a possibility or potential loss. The word "may" before the phrase "harming state finances or the state economy" indicates that the criminal offence of corruption is a formal offence, that is, the existence of a criminal offence of corruption is sufficient with the fulfilment of the elements of the formulated act, not with the occurrence of the consequences. With the formulation of the criminal offence of corruption as contained in Article 2 paragraph (1) and Article 3 of Law Number 31 Year 1999 as amended by Law Number 20 Year 2001 as a formal offence, the existence of losses to the state or the state economy does not have to have occurred, because what is meant by a formal offence is an offence that is considered to have been completed by the commission of an act prohibited and threatened with punishment by law. With the formulation of the criminal offence of corruption as a formal offence, the existence of state financial losses or losses to the state economy does not have to have occurred, because a formal offence is an offence that is considered to have been completed by the commission of a prohibited act and is threatened with punishment by law.
Prinsip In Absensia Dalam Pemeriksaan Tindak Pidana Korupsi Ditinjau Dari Perspektif Due Process of Law Atapary, Adolf Erens; Pasalbessy, John Dirk; Wadjo, Hadibah Zachra
MATAKAO Corruption Law Review Vol 1 No 1 (2023): Mei 2023 MATAKAO Corruption Law Review
Publisher : Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/matakao.v1i1.9049

Abstract

Introduction: Courts in absentia in corruption have been pros and cons to date, there is an assumption that court in absentia is a violation of human rights because it is related to the human rights of the accused as a human being who has the right to defend himself in court, on the other hand The trial in absentia can be carried out as long as the whereabouts of the defendant are not known at all so that he cannot be presented at the trial trial due to running away (fugitive). Purposes of the Research: This writing aims to analyze and explain the existence of justice in absentia in the implementation of the criminal justice system in Indonesia in accordance with the principle of due process of law, to analyze and discuss the nature of the principle of due process of law in ensuring legal certainty and justice in the examination of criminal cases. Methods of the Research: Normative research method with the type of research is qualitative analysis. The problem approach used is the statute approach, the conceptual approach and the case approach. The sources of legal materials used are Primary legal materials, Secondary legal materials, and Tertiary legal materials and are used as a technique for collecting legal materials, then processing and analyzing legal materials through methods of interpretation, harmonization, systematic and legal discovery. Results of the Research: The results of the study indicate that the judiciary in absentia can be implemented and does not violate human rights as long as it is implemented through the correct procedure and based on the provisions of the law. The trial in absentia aims to break the deadlock in the examination of defendants who are not present at the trial and efforts to save state finances, both those that have been corrupted and those that are still suspected of being related to corruption cases, both those that have been confiscated and those that have not been confiscated to be confiscated for the State through a court decision.
Konstruksi/Karakter Hukum Penyalahgunaan Wewenang dan Menyalahgunakan Kewenangan Dalam Tindak Pidana Korupsi Darmawan, Dicky; Pattiasina, Lidia Priscilla
MATAKAO Corruption Law Review Vol 1 No 1 (2023): Mei 2023 MATAKAO Corruption Law Review
Publisher : Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/matakao.v1i1.9050

Abstract

Introduction: The legal issues in this paper are how the legal construction/character of abuse of authority in corruption crimes and how the basis for the enforcement of offenses/norms of abuse of authority in corruption Purposes of the Research: This writing aims to find out and analyze the legal construction/character of the abuse of authority in corruption Methods of the Research: The research method used is normative, that is, research that primarily examines positive legal provisions and legal principles, explain and predicts in the direcrion of future legal developments. Results/Originality of the Research: The results show that or The findings of this study prove that abuse of authority and abuse of authority is the core of the concept of administrative law relating to the source or birth of authority. This has consequences for the concept of legal responsibility that was born from deviations from the principle of objectives that have been given to the authority.
Competence of The Court In Adjudicating Corruption Cases Committed By Officials Based On Discretionary Authority Widhartama, I Gede; Salmon, Hendrik; Mustamu, Julista
MATAKAO Corruption Law Review Vol 1 No 1 (2023): Mei 2023 MATAKAO Corruption Law Review
Publisher : Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/matakao.v1i1.9053

Abstract

Introduction: Discretion As freedom of acting or making decisions from authorized and authorized state administration officials in their own opinion in government practices, the use of discretion should not be worried about by government officials. Aside from being a principle in carrying out government functions, discretion also has a strong legal basis based on the Government Administration Law that concerns the policy not a few that are processed and charged with the Corruption Criminal Act, so that officials are trapped as corruptors because of their duties attached to positions That. But that does not mean that the judge is free to make a decision. Ethics and morals are the commonly known judges. In Indonesia, maybe what is meant is the code of ethics and guidelines for judges produced by the Supreme Court and the Judicial Commission. So as to minimize the use of wrong discretion authority which results in the problem of criminal acts of corruption. Purposes of the Research: This writing aims to find out the legitimacy of establishing a new high court in the islands. Methods of the Research: The research used by the author is a normative juridical research type. The procedure for collecting legal materials is carried out by conducting library research on legal materials, namely primary, secondary and tertiary legal materials. Then the legal material that has been obtained is analyzed qualitatively. Results of the Research: The results obtained are the Legitimacy of the Formation of a New High Prosecutor's Office in the Islands, to minimize the obstacles faced by the islands in fighting for people's rights.
Kewenangan Aparat Pengawasan Intern Pemerintah Dalam Menyatakan Kerugian Keuangan Wirabuana, Zainuddin; Nirahua, Salmon Eliazer Marthen; Bakarbessy, Andress Deny
MATAKAO Corruption Law Review Vol 1 No 1 (2023): Mei 2023 MATAKAO Corruption Law Review
Publisher : Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/matakao.v1i1.9054

Abstract

Introduction: The Government Internal Supervisory Apparatus (APIP) is an internal supervisor who carries out the task of administering government affairs in the field of state/regional financial supervision and national development. Law enforcement officials often use the results of the APIP audit as evidence in trials of corruption cases, as well as the panel of judges at the Ambon District Court continues to accept the results of calculations and provide expert opinions in trials. Purposes of the Research: Analyzing juridically through reviewing laws and regulations relating to the authority of the Government Internal Supervisory Apparatus in declaring state financial losses, and analyzing the relationship between supervisory and auditing institutions (BPK and APIP) in determining and declaring state financial losses. Methods of the Research: The research method used is normative, that is, research that primarily examines positive legal provisions and legal principles, explain and predicts in the direcrion of future legal developments. Results of the Research: The results of the research show that (1) APIP remains authorized to conduct investigative audits, audit calculations of state financial losses and provide expert testimony at trial, (2) There is no legal protection that regulates the pattern of confidential audit results relations between APIP and BPK. Therefore, it is necessary to enact laws and regulations that reinforce the role of each supervisory and examiner institution to create legal certainty and prevent overlapping authorities.
Pertanggungjawaban Pidana Partai Politik Dalam Tindak Pidana Korupsi Di Indonesia Waas, Armelia Febryanti
MATAKAO Corruption Law Review Vol 1 No 1 (2023): Mei 2023 MATAKAO Corruption Law Review
Publisher : Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/matakao.v1i1.9327

Abstract

Introduction: Corruption is a serious problem in Indonesia. Corruption is like a disease that appears one after another, which can bring destruction to the economic, political, socio-cultural, and security aspects of the country. Recently, several cases have shown that corruption involves political parties, but no political party has yet been charged. The purpose of writing this scientific journal is to provide knowledge about how political parties can be equated with corporations and how they are held accountable when proven to have committed a criminal act of corruption. Purposes of the Research: To analyse the criminal liability of political parties in corruption offences. Methods of the Research: The research method used is normative juridical, with a statutory and conceptual approach. The sources of legal materials used are primary, secondary, and tertiary legal materials. Results of the Research: The analysis shows that political parties are the same as corporations. This is viewed from the aspect of the characteristics and concepts of the existing statutory provisions, namely the law on eradicating criminal acts of corruption and the law on political parties. Regarding the liability that can be requested to corporations proven to have committed acts of corruption, it refers to the Criminal Code except death penalty, imprisonment and confinement. In addition, the Law on the Eradication of Corruption also provides for the imposition of a maximum fine plus one-third. So that based on the concept of responsibility can be used as a guideline by law enforcers in eradicating corruption in Indonesia.
Tindak Pidana Korupsi dan Alokasi Dana Desa Salmon, Harly Clifford Jonas; Saimima, Judy Marria
MATAKAO Corruption Law Review Vol 1 No 2 (2023): November 2023 MATAKAO Corruption Law Review
Publisher : Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/matakao.v1i2.11130

Abstract

Introduction: The village funds that are managed are expected to realize the welfare of the village community. Community welfare can make a country strong and can compete with other countries. To be able to meet the needs of a quality life, it can be seen from how welfare is. Therefore, welfare is the main value that is always pursued so that humans can realize it. One important factor in realizing welfare is the existence of village funds. Efforts to increase awareness of village officials on the management of state finances, in this case the management of village funds for village officials, require counseling on the allocation of village funds and criminal acts of corruption. The low level of understanding and awareness of the law can be caused by the lack of socialization and supervision, this can be seen from the high level of corruption that occurs in Indonesia, especially in rural villages in Indonesia including Maluku, the lack of community access to knowledge of village financial management certainly causes miss management in village financial management. Purposes of the Research: Analyzing Corruption in Village Fund Allocation. Methods of the Research: The research method used is normative juridical, with a statutory approach and a conceptual approach. The sources of legal materials used are primary, secondary and tertiary legal materials. Results of the Research: The management of village funds in Indonesia, including in the Maluku region, should aim to improve the welfare of village communities. However, unfortunately, there are several obstacles that hinder the achievement of this goal. Low levels of legal understanding and awareness among village officials and village financial management tools contribute to this problem. Therefore, to overcome this problem, serious efforts are needed to improve understanding and legal awareness related to village fund management. This includes counseling on the allocation of village funds and the impact of corruption crimes. Better education and training should be provided to village officials and staff involved in village financial management. Only in this way can we reduce the level of corruption that harms village communities and the country as a whole.
Membedah Tindak Pidana Politik Uang, Suatu Telaah Dari Sisi Struktur Norma Muammar, Muammar; Taufik, Iqbal
MATAKAO Corruption Law Review Vol 1 No 2 (2023): November 2023 MATAKAO Corruption Law Review
Publisher : Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/matakao.v1i2.11305

Abstract

Introduction: Money politics is one of the crimes regulated in the Election Law. This crime in the Election Law regime is considered a Structured, Systematic and Massive Crime (TSM). This crime has always been a discourse that surfaced in the public when approaching elections / elections. Especially now, Indonesia is undergoing a political year leading to the upcoming 2024 elections. Purpose of the Research: this paper aims to dissect the criminal act of money politics in terms of the norm structure. Method of the Research: this paper uses the method of statutory approach (statute approach), conceptual approach (conceptual approach) and philosophical approach to legal (philosophical approach). Results of the Research: norm structure can be divided into 4 (four) elements, namely norm subjects (normadressat), norm operators (modus van behoren), norm objects (normgedrag) and norm conditions (normconditie). The criminal act of money politics mentioned in this paper only revolves around the norms regulated in article 515 and article 519 of the Election Law. Basically the two articles have similarities in the subject elements of norms and norm operators. The subject of the norm of both articles is "everyone", while the operator of the norm is "prohibition". The two articles differ in terms of objects, norms and norm conditions. For article 515 the object of the norm is the act of "promising or giving money or other material. The norm condition is "intentionally, voting, to the Voter not to exercise his right to vote, to vote for certain Election Participants, to exercise his right to vote in a certain way, the ballot is invalid". As for article 519 the object of the norm is "fraudulent acts", and the norm condition is "misleading someone, coercing, promising or by giving money or other materials, to obtain support for the candidacy of DPD members in elections".
Penegakan Hukum Terhadap Asset Recovery Tindak Pidana Korupsi Di Indonesia Salamor, Anna Maria
MATAKAO Corruption Law Review Vol 1 No 2 (2023): November 2023 MATAKAO Corruption Law Review
Publisher : Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/matakao.v1i2.11309

Abstract

Introduction: Corruption crimes in Indonesia continue to increase and have become a complex problem for law enforcement officials, both in terms of the number of cases and state financial losses, as well as in terms of the quality of criminal acts. The uncontrolled increase in criminal acts of corruption can result in disaster for national economic life and the life of the nation and state. The magnitude of state financial losses resulting from criminal acts of corruption is very disproportionate to the magnitude of returns to state financial losses resulting from corruption. It is hoped that the appropriate use of state confiscated goods can be implemented well by Ministries/Agencies and Regional Governments for the benefit of government administration. In addition to corporate punishment for perpetrators of criminal acts of corruption, the Corruption Eradication Commission also provides a deterrent effect by confiscating assets. Furthermore, the confiscated assets will be managed as best as possible through a storage mechanism.Purposes of the Research: The aim of this research is to examine law enforcement regarding asset recovery in IndonesiaMethods of the Research: This paper uses the statutory approach, conceptual approach and philosophical approach.Results of the Research: Talking about asset recovery itself is not clearly explained in Law Number 17 of 2003 concerning State Finances and Law Number 1 of 2004 concerning State Treasury or in Law Number 31 of 1999 Jo. Law Number 20 of 2001 concerning the Eradication of Corruption Crimes. In this case, asset recovery is a solution in order to eradicate criminal acts of corruption to recover losses resulting from actions carried out by perpetrators of criminal acts of corruption. State losses caused by perpetrators created Law Number 3 of 1971 as well as new regulations, namely Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 stating a policy where state losses must be returned or replaced by the perpetrator or asset recovery. The essence of eradicating criminal acts of corruption can be divided into 3 (three) things, namely through preventive action, repressive and restorative action. Preventive measures are related to regulations to eradicate criminal acts of corruption with the hope that the public will not commit criminal acts of corruption. Restorative action, one of which is the return of assets of perpetrators of criminal acts of corruption in the form of criminal legal action and civil lawsuits. Management of confiscated goods has a strategic role in the context of asset recovery efforts for criminal acts. Management of confiscated goods has a strategic role in the context of asset recovery efforts for criminal acts. Management of confiscated goods is the end of the chain of criminal asset recovery processes. Optimizing the management of confiscated goods will influence the output of the stages of the asset recovery process that have been carried out. To achieve this goal, management of confiscated goods must be carried out by paying attention to both law enforcement aspects and asset management aspects. The law enforcement aspect is the core of the asset recovery process. This process is carried out by law enforcement officials as part of the legal process carried out in the context of handling a criminal case. As it develops, the handling of criminal cases is carried out not only to punish the perpetrators of criminal acts but also to restore as much as possible the losses caused by the criminal acts committed.

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