Matakao Corruption Law Review
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.
Articles
31 Documents
<![CDATA[Pendampingan Saksi Dalam Tindak Pidana Korupsi ]]>
<![CDATA[Leasa, Elias Zadrach]]>;
<![CDATA[Latumaerrisa, Denny]]>
<![CDATA[ MATAKAO Corruption Law Review Vol 1 No 2 (2023): November 2023 MATAKAO Corruption Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/matakao.v1i2.11322
<![CDATA[Introduction: The investigation process of a suspect in a criminal case of corruption begins with the examination of a witness. The testimony of the judgment of the judgment is absolute. In addition to the threat of punishment for corruption over five years, and the testimony by the witnesses if not, of course, the testimony is given by the witnesses, According to the investigator, the witnesses are identified as a suspect in a criminal case of corruption. Purposes of the Research: Examining and analyzing forms of assisting witnesses by legal counselors in case of corruption crimes. Methods of the Research: The type of research used is normative research focused on giving systematic explanations that govern a particular category.The problem's approach to the law and conceptual approach. The gathering of legal material through primary legal material is then associated with secondary legal material.The management and analysis of legal materials is qualitatively deciphered. Results of the Research: Witness and victim protection laws specifically in chapter 2 indicate that these laws provide protection to witnesses and victims in all criminal proceedings in the judicial environment..From the sound of this chapter means against witnesses at all levels need protection, In this case, legal protection..In chapter ii, u psk in chapter 5 verse (1 ) a witness and victim have rights, One of them is free from question, and one of them is a witness., Should also be given by the prosecutor as an investigator in the corruption crimes., But sometimes they don't provide protection and rights as witnesses..To do that requires a witness accompanied by legal counsel or advocates in the process of investigating crimes of corruption in order to protect the rights of witnesses.]]>
<![CDATA[Perlindungan Hukum Terhadap Justice Collaborator di Indonesia (Analisa Putusan Nomor : 48/Pid.Sus/TPK/2016/PN.Jkt Pst) ]]>
<![CDATA[Taberima, Rylke Marviano]]>;
<![CDATA[Hehanussa, Deassy Jacomina Anthoneta]]>;
<![CDATA[Adam, Sherly]]>
<![CDATA[ MATAKAO Corruption Law Review Vol 1 No 2 (2023): November 2023 MATAKAO Corruption Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/matakao.v1i2.11335
<![CDATA[Introduction: Corruption harms the country's finances and the socio-economy of society. Corruption tends to be committed by more than one person. Corruption crimes that have been caught by the Corruption Eradication Commission (KPK) have obstacles to revealing and detaining parties who have committed corruption crimes due to a lack of information or data. Then came the idea of the Justice Collaborator (JC), which was first known in America in the 1970s, namely cooperation to reveal the main mastermind of the corruption crime with the convict of corruption. The key role of a justice collaborator is to uncover a crime or the occurrence of a crime, so that the return of assets from the results of a crime can be achieved to the state. Purposes of the Research: Analyzing the urgency of Justice Collaborator corruption in Indonesia. Methods of the Research: The research method used is juridical-normative research. Data sources include primary data and secondary data. Data collection techniques through the study of documentation and data analysis used Qualitative Analysis. The problem approaches used in this research are statute, conceptual, and case approaches. Results of the Research: The results research the urgency or existence of a Justice Collaborator at the stage of Investigation in corruption in Indonesia is essentially to assist law enforcement officers in finding and finding facts related to crimes including corruption, which is difficult to disclose because the perpetrators of corruption more than one. The issue of legal protection for Justice Collaborator, LPSK law regulates the protection of witnesses including Justice Collaborator. Although in reality the process of determining the status of Justice Collaborator must be based on the submission of which institution handles the case. This is because the position of LPSK is only a sub-supporter in the criminal justice system so the recommendations of the Justice Collaborator LPSK can be obeyed or not obeyed.]]>
<![CDATA[Efektivitas Kejaksaan Dalam Penanganan Perkara Tindak Pidana Korupsi di Maluku Sebagai Wilayah Kepulauan ]]>
<![CDATA[Renfan, Nur Hayati]]>
<![CDATA[ MATAKAO Corruption Law Review Vol 1 No 2 (2023): November 2023 MATAKAO Corruption Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/matakao.v1i2.11539
<![CDATA[Introduction: Based on the Prosecutor's Law number 16 of 2004, especially in Article 30 paragraph 1 letter d it states "in the criminal field the Prosecutor's Office has the duty and authority to conduct investigations into Certain Criminal Laws”. From this it is known that one particular case is a criminal act of corruption. Moreover, taking into account that Maluku is an archipelago, of course there are problems in implementation, which of course are experienced by every District Attorney's Office. Purposes of the Research: This study aims to find out how the effectiveness of handling corruption cases in Maluku as an archipelago. Methods of the Research: This paper uses empirical juridical research methods. The researchers used a case approach (case approach). Results of the Research: The results of this study shows that the Prosecutor's Office in the Maluku region has not been effective in handling Corruption Crime Cases in the archipelago area because law enforcement and legal justice of the prosecutor's office in the Maluku region which are contained in regulations do not accommodate case handling in the archipelago area, this has an impact on non-compliance with the principle of speedy justice and low cost. Because the central trial for Corruption Crimes must be held in the provincial capital, so this is quite burdensome for each Prosecutor's Office. As for the obstacles to carrying out the effectiveness of legal handling, the authors found that there were six (6) factors, namely budget limitations, difficulty accessing from one island to another, internet network in the archipelago, no regulations governing the handling of corruption in the archipelago, difficulties confiscating goods, and the Corruption Court located in Ambon City.]]>
<![CDATA[Penjatuhan Pidana Mati Terhadap Pelaku Tindak Pidana Korupsi Dimasa Pandemi Covid-19 ]]>
<![CDATA[Latue, Salmon]]>;
<![CDATA[Titahelu, Juanrico Alfaromona Sumarezs]]>;
<![CDATA[Ubwarin, Erwin]]>
<![CDATA[ MATAKAO Corruption Law Review Vol 1 No 2 (2023): November 2023 MATAKAO Corruption Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/matakao.v1i2.11542
<![CDATA[Introduction: : Amid the conditions or circumstances of the outbreak of the corona virus disease covid 2019 (covid-19) in Indonesia, it turns out that there are still crimes of corruption committed during this pandemic. Acts of corruption that no longer look at the condition of the country in a state of health emergency. In the provisions of Article 2 paragraph (2) of the corruption law it is stated that in cases of corruption committed under certain circumstances, death penalty can be imposed so that the issue raised for analysis is whether the condition of the Covid-19 pandemic can be used as an excuse for certain circumstances according to law corruption. Purposes of the Research: The purpose of this study is to analyze and discuss the conditions of the Covid-19 pandemic which can be used as reasons for certain circumstances according to the corruption law. death can be applied in criminal acts of corruption during the Covid-19 pandemic. Methods of the Research: The research used in this paper is juridical-normative, namely identifying legal issues that develop in society, studying law applications in society, or studying positive legal provisions and legal principles and doctrines to clarify research results. Results of the Research: In the midst of the conditions or circumstances of the outbreak of the Covid-19 virus in Indonesia, it turns out that there are still crimes of corruption committed during this pandemic. Acts of corruption that no longer look at the condition or state of the country in non-natural disaster situations. Several corruption cases that occurred during the Covid-19 pandemic are raised in this paper. Ironically, corruption can occur in social assistance funds intended for handling Covid-19, which was carried out by former social minister Juliari Batubara with a total corruption fund of 32 billion rupiah and was sentenced to 12 years in prison by the Jakarta Corruption Court.]]>
<![CDATA[Eksistensi Kewenangan Komisi Pemberantasan Korupsi Terhadap Eksekusi Putusan Tindak Pidana Korupsi Berdasarkan Ketentuan Hukum Yang Berlaku ]]>
<![CDATA[Salmon, Harly Clifford Jonas]]>;
<![CDATA[Purwanto, Astrid Hilarry]]>;
<![CDATA[Lyshandra, Angelia Hilarry]]>
<![CDATA[ MATAKAO Corruption Law Review Vol 2 No 1 (2024): Mei 2024 MATAKAO Corruption Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/matakao.v2i1.13161
<![CDATA[Introduction: Corruption is like a disease that arises one after another that can bring destruction to economic, political, socio-cultural, and state security aspects. Purposes of the Research: Analyze the KPK's authority to execute corruption verdicts based on applicable legal provisions. Methods of the Research: The research method used in this paper is normative legal research or library legal research, and a statutory approach and conceptual approach. The sources of legal materials used are primary and secondary legal materials. The technique of collecting legal materials is through literature study, namely by searching for legal materials by reading, seeing and listening and searching the internet, then the data will be analyzed using objective theories related to the relationship between variables which are then described to solve the problem which is the purpose of this research. Results of the Research: Prior to the amendment of the law on KPK, the authority and duties of the institution were regulated in Article 6 letter c of Law No. 30 of 2002 on KPK. Then based on Article 50 of Law Number 48 of 2009 concerning Judicial Power Jo Article 1 paragraph 1. Article 8 paragraph 1 and Article of Law Number 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia Jo Article 270 of the Criminal Procedure Code, it is explained that the executor is the authority of the prosecutor under the Supreme Court, both in general cases and special criminal cases. It is also stated that if the KPK exercises the authority to execute the corruption court decision, then the KPK has exceeded the limits of its authority so that the execution violates the principle of legality or is invalid and null and void. Juridically, the Attorney General's Office is the only institution authorized by law to execute court decisions that have permanent legal force.]]>
<![CDATA[Korupsi Politik, Hukum dan Etika: Diskursus Kegaduhan di Tengah Panggung Demokrasi Indonesia ]]>
<![CDATA[Muammar, Muammar]]>;
<![CDATA[Taufik, Iqbal]]>;
<![CDATA[Saimima, Judy Marria]]>
<![CDATA[ MATAKAO Corruption Law Review Vol 2 No 1 (2024): Mei 2024 MATAKAO Corruption Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/matakao.v2i1.13488
<![CDATA[Introduction: The recent 2024 elections have left so many interesting issues and become public investigations. Such as the issue of violations of the law, violations of ethics, even leading to the issue of political corruption. These issues are so interesting, that almost every day the news in various media only contains them. Purposes of the Research: This paper aims to describe and analyze how the correlation between political, legal and ethical corruption issues and is rife during the 2024 election. Methods of the Research: This paper uses normative legal research methods. The approach used is a conceptual approach and a statutory approach. Results of the Research: The occurrence of various events that colored the implementation of the 2024 elections has captured public attention and energy so far. Various kinds of violations of law and ethics are presented and displayed in front of the public eye. The discourse on political corruption came to the fore along with the performance "attracted" by President Joko Widodo. Starting from "cawe-cawe" (interfering) in political affairs to the issue of intervention in various policies, including the alleged birth of the Constitutional Court decision No.90/PUU-XXI/2023. In addition, various issues of violations of law and ethics also "flooded" the 5-year political event. Even during almost the entire implementation of the 2024 elections, the issue of violations of law and ethics takes a significant portion. The correlation between the two is very close and inseparable. Law is like packaging that wraps the ethics that are the contents of the packaging. In that position, ethics occupies a "special" position because it actually originates from the moral niche of man, where law in the sense of norms has no such thing.]]>
<![CDATA[Kualifikasi Justice Collaborator Dalam Perkara Tindak Pidana Korupsi (Studi Putusan Pengadilan Negeri Jakarta Pusat Nomor 48/Pid.Sus-TPK/2020/PN Jkt Pst) ]]>
<![CDATA[Saliu, Abdul Rahman]]>;
<![CDATA[Supusepa, Reimon]]>;
<![CDATA[Fadillah, Astuti Nur]]>
<![CDATA[ MATAKAO Corruption Law Review Vol 2 No 1 (2024): Mei 2024 MATAKAO Corruption Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/matakao.v2i1.13513
<![CDATA[Introduction: The law enforcement process has several stages, one of the most decisive in eradicating crime is the criminal justice system. There are several terms used in the judicial process, one of which is Justice Collaborator which is regulated in several regulations including Article 10 A paragraph (1) jo, paragraph 3 Law No. 31 of 2014 concerning PSK which in essence provides an explanation that "witnesses of perpetrators can be given awards for the testimony given in the form of: leniency in criminal sentences (covering criminal penalties, special conditional sentences, or the lightest punishment among other defense attorneys), conditional sentences , additional remissions and other compensation rights in accordance with statutory provisions for perpetrator witnesses who have driver status. Purposes of the Research: Juridically analyze the qualifications of justice collaborators in corruption crimes. Methods of the Research: The method used in this research is normative juridical using a statutory and regulatory approach and contextual approach. Results of the Research: The Justice Collaborator status given to a suspect or defendant or even a convict will have a big impact on him. One of the well-known cases of the application of Justice Collaborator was in the criminal case of bribery for the election of deputy governor of Bank Indonesia which ensnared 26 members of the people's representative council. Agus Condro, who is a criminal and Justice Collaborator, Agus Condro was sentenced to a lighter sentence than the prosecutor demanded. The judge's considerations in sentencing defendant Tommy Sumardi, who has the status of Justice Collaborator in the case of removing Djoko Tjandra's red notice status, defendant Tommy Sumardi was sentenced to prison for 2 (two) years and a fine of Rp. 100,000,000.00 (one hundred million rupiah).) subsidiary 6 (six) months in prison. Imprisonment sentences and fines are higher than those charged by the public prosecutor.]]>
<![CDATA[Kewenangan Unit Tipikor Polres Seram Bagian Barat Terhadap Penyidikan dan Penuntutan Tindak Pidana Korupsi Dalam Rangka Penegakan Hukum ]]>
<![CDATA[Putra, Aprilianto Pratama]]>;
<![CDATA[Saptenno, Marthinus Johanes]]>;
<![CDATA[Hehanussa, Deassy Jacomina Anthoneta]]>
<![CDATA[ MATAKAO Corruption Law Review Vol 2 No 1 (2024): Mei 2024 MATAKAO Corruption Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/matakao.v2i1.13514
<![CDATA[Introduction: Law Number 20 of 2001 concerning amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, the criminal act of corruption not only harms state finances, but violates the social and economic rights of the community at large. Institutions that include law enforcement are the National Police, KPK, and the Prosecutor's Office. Among the three institutions, the National Police, in this case, the West Seram Police Investigation Unit (SBB) is an experienced institution in investigating various cases of its jurisdiction. Article 1 father (1) of the Code of Criminal Procedure An investigator is an official of the national police of the Republic of Indonesia or certain civil servant officials who are specially authorized by law to conduct investigations. While the prosecutor's office has the same duties and authorities in eradicating corruption specifically the Attorney General by Law Number 16 of 2004 also regulates the duties and authorities of the Attorney General, namely Articles 35, 36, 37 of Law Number 16 of 2 Purposes of the Research: Review and discuss the authority of the West Seram Police Corruption Unit (SBB) regarding Investigation and Prosecution in the context of law enforcement. Examine and discuss any inhibiting factors influencing the authority of the West Seram Police Corruption Unit (SBB) regarding the investigation and prosecution of criminal acts of corruption in the context of law enforcement Methods of the Research: The research method used is normative juridical Results of the Research: Certain civil servant officials who are specially authorized by law to conduct investigations. While the prosecutor's office has the same duties and authorities in eradicating corruption specifically the Attorney General by Law Number 16 of 2004 also regulates the duties and authorities of the Attorney General, namely Articles 35, 36, 37 of Law Number 16 of 2.]]>
<![CDATA[Kewenangan Aparat Pengawasan Intern Pemerintah Dalam Menyatakan Kerugian Keuangan Negara ]]>
<![CDATA[Wirabuana, Zainuddin]]>;
<![CDATA[Nirahua, Salmon Eliazer Marthen]]>;
<![CDATA[Bakarbessy, Andress Deny]]>
<![CDATA[ MATAKAO Corruption Law Review Vol 2 No 1 (2024): Mei 2024 MATAKAO Corruption Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/matakao.v2i1.13517
<![CDATA[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: Research methods with the aim of analyzing juridically through reviewing laws and regulations related 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 writing of this thesis uses normative legal 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.]]>
<![CDATA[Korupsi Pengelolaan Sumber Daya Alam Dalam Tinjauan Pasal 33 Ayat (3) Undang-Undang Dasar 1945 ]]>
<![CDATA[Patty, Jetty Martje]]>
<![CDATA[ MATAKAO Corruption Law Review Vol 2 No 1 (2024): Mei 2024 MATAKAO Corruption Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/matakao.v2i1.13552
<![CDATA[Introduction: Cases of corruption still occur even in natural resource management even though the Constitution of the Republic of Indonesia in article 33 paragraph (3) has mandated that the earth, water and natural resources are controlled by the state and intended for the prosperity of the people. Purposes of the Research: The legal issue raised is how corruption in natural resource management is reviewed from article 33 paragraph (3) of the 2945 Constitution. Methods of the Research: This research is a normative research with a statutory approach that regulates corruption combined with a conceptual approach. Results of the Research: The result of this study is that corruption that occurs in the natural resource management sector shows that the State (unscrupulous government officials) is inconsistent in carrying out the mandate of article 33 paragraph (3) of the 1945 Constitution, the power given is used as a means for personal / individual interests by committing corruption. Abuse of power or authority leads to corruption.]]>
