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[Pelaksanaan Pemulihan Aset Oleh Jaksa Pada Tindak Pidana Korupsi Berdasarkan Undang-Undang Nomor 11 Tahun 2021 Tentang Kejaksaan Republik Indonesia ]]>
<![CDATA[Butarbutar, Andika Demto]]>;
<![CDATA[Ridwan, Ridwan]]>;
<![CDATA[Rofiana, Reine]]>
<![CDATA[ MATAKAO Corruption Law Review Vol 2 No 2 (2024): November 2024 MATAKAO Corruption Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/matakao.v2i2.14356
<![CDATA[Introduction: Asset recovery in corruption cases has not been maximized in its implementation, this can be seen from existing cases, asset recovery from state losses incurred is still not maximum, this can be proven in Indonesian records. The prosecutor as a law enforcer has the authority to recover assets by carrying out activities to trace, confiscate and return assets obtained from criminal acts as regulated in Article 30A of Law Number 11 of 2021 concerning the Prosecutor's Office of the Republic of Indonesia. Purposes of the Research: to find out how the implementation of asset recovery carried out by the prosecutor in resolving corruption crimes? and What are the problems of the prosecutor in recovering assets from the proceeds of corruption crimes? Methods of the Research: The research method used in this article is in the form of normative juridical, The specifications in this article are descriptive-analytical. Results of the Research: The results of the research obtained by the author are that in the implementation of asset recovery carried out by the Prosecutor's Office, there are two methods carried out by the prosecutor in carrying out asset recovery, namely the investigation method and the asset tracking method, and the author finds various problems owned by the prosecutor in carrying out asset recovery. The conclusion is that in the implementation of the recovery of the prosecutor's assets, it has not been maximized to the return of state losses.]]>
<![CDATA[Penolakan Penetapan Tersangka Korupsi Kepala Basarnas Oleh Komisi Pemberantasan Korupsi ]]>
<![CDATA[Sopian, Ade]]>
<![CDATA[ MATAKAO Corruption Law Review Vol 2 No 2 (2024): November 2024 MATAKAO Corruption Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/matakao.v2i2.14818
<![CDATA[Introduction: The Corruption Eradication Commission has named the Head of Basarnas, who is also a member of the Indonesian National Army, as a suspect in the case of procurement of debris victim detection devices for the 2021-2023 Fiscal Year. The determination of the suspect received rejection from the TNI on the grounds that the Head of Basarnas was still an active officer of the Indonesian National Army. Purposes of the Research: This study aims to find out how the review of criminal law on the rejection of the Indonesian National Army over the designation of the head of Basarnas as a suspect in corruption crimes. Methods of the Research: the method used in this writing is normative legal research. What is meant by normative legal research is a research process to research and examine law as norms, rules of legal principles, legal principles, legal doctrines, legal theories and other literature. Results of the Research: of the research show that with the refusal to determine the suspect carried out by the Indonesian National Army and taking over the process of handling corruption through the Military Court, the Corruption Eradication Commission loses its authority, so that the actions of the Indonesian National Army Military Police Center can be subject to criminal liability. The Connectivity Court can be a middle ground in law enforcement of corruption cases involving military and civilian members, so as not to eliminate the authority of one of the agencies. In response to this situation, it is necessary to reform material laws related to the status of military members who commit general crimes and the handling of corruption crimes through the connectivity mechanism.]]>
<![CDATA[Tindak Pidana Korupsi Yang Dilakukan oleh Perempuan ]]>
<![CDATA[Nussy, Jennifer Ingelyne]]>;
<![CDATA[Latumaerissa, Denny]]>
<![CDATA[ MATAKAO Corruption Law Review Vol 2 No 2 (2024): November 2024 MATAKAO Corruption Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/matakao.v2i2.16243
<![CDATA[Introduction: Women today commit many crimes. Crimes committed by women are very detrimental to themselves and even the country. The crime committed by women is corruption. Corruption committed by women is caused by factors, so that women enter the circle of corruption. Purposes of the Research: This article aims to find out corruption crimes committed by women. Methods of the Research: This paper uses the method of statutory approach (statute approach) and conceptual approach (conceptual approach). Results of the Research: Corruption is a form of crime that often occurs and is not only known at the national level, but also internationall. The view that corruption has become a very big threat to the country and has even caused the country to decline. Corruption crimes today are not only committed by men, but women are starting to aggressively commit corruption crimes. Corruption committed by women is considered bad behavior and tarnishes oneself and even the family itself. Basically, crimes committed by women are things that are driven by the desire to be rich and even live a luxurious life, wrong relationships, lack of salary, abuse of position or position, influence of the environment in which one lives and even lack of understanding of religion. This is a factor for women to commit corruption crimes. For this reason, serious countermeasures are needed to suppress corruption crimes committed by women so that in the future women will no longer commit acts of corruption.]]>
<![CDATA[Pengaturan Tindak Pidana Korupsi Dalam Undang-Undang Nomor 1 Tahun 2023 Tentang Kitab Undang-Undang Hukum Pidana Serta Pengaruhnya Terhadap Kepastian Hukum ]]>
<![CDATA[Situmorang, Nelly Esterina]]>;
<![CDATA[Asphianto, Aan]]>;
<![CDATA[Ridwan, Ridwan]]>
<![CDATA[ MATAKAO Corruption Law Review Vol 3 No 1 (2025): Mei 2025 MATAKAO Corruption Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/matakao.v3i1.18300
<![CDATA[Introduction: Corruption, which already has a specific law, has become ambiguous after the enactment of Law 1/2023. Five articles were revoked and formulated in the Criminal Code as general criminal law, several articles experienced reduced sanctions. This shows that the political direction of eradicating corruption is increasingly unclear, both in terms of sanctions and the existence of corruption regulations. Purposes of the Research: This study aims to determine the basis for formulating the regulation of criminal acts of corruption in the New Criminal Code and to determine the legal certainty of the rules on criminal acts of corruption after being formulated into the New Criminal Code based on the principle of lex specialis derogat legi generali. Methods of the Research: The research method used in this writing is normative legal research. Normative legal research is research that prioritizes the discussion of legal theory and legal norms that exist in the legal system. Results of the Research: The formation of the New Criminal Code aims to recodify and reunify in one comprehensive law, by including the main criminal acts outside the Criminal Code. However, there is ambiguity because the government not only reformulated, but revoked five articles and reduced the sanctions. The author concludes that it should not be revoked or the sanctions reduced, because it can cause legal uncertainty and is contrary to the principles of law. This step is considered a setback in eradicating corruption which is an extraordinary crime. Therefore, what should be done is an update to the Corruption Law.]]>
<![CDATA[Putusan Perkara Tindak Pidana Korupsi Dalam Kasus PT Asuransi Jiwasraya Dan PT ASABRI ]]>
<![CDATA[Julianti, Angelia Lyshandra]]>;
<![CDATA[Hehanussa, Deassy Jacomina Anthoneta]]>;
<![CDATA[Hattu, Jacob]]>
<![CDATA[ MATAKAO Corruption Law Review Vol 2 No 2 (2024): November 2024 MATAKAO Corruption Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/matakao.v2i2.19409
<![CDATA[Introduction: The crime of corruption is one of the extraordinary crimes which in it’s implementation can harm state finances. As stipulated in the provisions of Law Number 31 of 1999, as amended by Law Number 20 of 2001 concerning the Eradication of Corruption. In violation of the crime of corruption, the perpetrator will be sentenced to punishment or sanctions in accordance with the provisions stipulated in the legislation Purposes of the Research: to find out whether the granting of a null verdict in the case of corruption No. 50/Pid.Sus-TPK/2021/PN Jkt.Pst is in accordance with the provisions of laws and regulations in Indonesia and 2. What are the legal consequences if the defendant is unable to pay compensation in a case of corruption at PT Asuransi Jiwasraya? Methods of the Research: The research method used is normative judicial research method using Statutory Approach, Conceptual Approach and Case Approach. Results of the Research: Based on the results of the research, it shows that the granting of zero verdicts in corruption cases is not in accordance with the regulations of Article 10 of the Criminal Code and the types of judges decisions, which do not contain an explanation of the zero verdict. The legal consequences if the defendant is unable to pay restitution in a corruption case at PT Asuransi Jiwasraya are regulated in Article 19 paragraph (1) letter b of the TIPIKOR Law. However, in this case the imposition of a fine is very ineffective because the defendant has received life imprisonment. Based on Article 67 of the Criminal Code, if the judges gives a criminal sentence, the legal consequences will be contrary to this article. The prosecutor can forcibly seize the defendant’s assets to be auctioned as a substitute for state losses and can file a civil lawsuit related to the return of state finances.]]>
<![CDATA[Kajian Kriminologis Terhadap Tindak Pidana Korupsi Dana Desa ]]>
<![CDATA[Purwanto, Astrid Hilarry]]>;
<![CDATA[Latupeirissa, Julianus Edwin]]>;
<![CDATA[Taufik, Iqbal]]>
<![CDATA[ MATAKAO Corruption Law Review Vol 2 No 2 (2024): November 2024 MATAKAO Corruption Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/matakao.v2i2.19411
<![CDATA[Introduction: Corruption is one of the dangerous crimes that is also categorized as White Collar Crime which is a form of crime committed by a person or group who has a position using the authority they have in their work. Corruption crimes from year to year continue to increase. Purposes of the Research: to find out what are the factors that cause the crime of corruption of village funds and how to enforce the law to prevent the occurrence of corruption of village funds. Methods of the Research: The research method used in this writing is empirical juridical research. This type of research is descriptive analysis. The sources of legal materials used are primary and secondary legal materials. Techniques for collecting legal materials through literature study and then analyzing them descriptively using qualitative methods based on criminal law science Results of the Research: The results of this research are what factors cause corruption in village funds and what law enforcement efforts can be taken to prevent it from happening again. Corruption is driven by several factors, namely economic factors, poverty, and lack of awareness of the law, etc.]]>
<![CDATA[Supervisi Oleh Komisi Pemberantasan Korupsi Dalam Pengambilalihan Perkara ]]>
<![CDATA[Reunussa, Mahalia]]>;
<![CDATA[Salmon, Hendrik]]>;
<![CDATA[Titahelu, Juanrico Alfaromona Sumarezs]]>
<![CDATA[ MATAKAO Corruption Law Review Vol 2 No 2 (2024): November 2024 MATAKAO Corruption Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/matakao.v2i2.19412
<![CDATA[Introduction: Supervision is an activity of supervision, research or review of agencies authorized to carry out the eradication of criminal acts of corruption in order to accelerate the resolution of the handling of a case. Purposes of the Research: This research aims to analyze the law enforcement process related to the takeover of cases by the Corruption Eradication Commission against Police and Prosecutor's Offices that handle criminal acts of corruption that do not comply with the procedures in the law. Methods of the Research: Method used Normative legal research, research approaches, namely the statutory approach, conceptual approach and case approach. Results of the Research: The results of the research explain that in the context of law enforcement in taking over corruption cases, the procedures in Article 10A of Law no. 19 of 2019, an important process is needed, namely the Judicial Administrative Procedure, to control the performance of investigators to avoid legal irregularities.]]>
<![CDATA[Aspek Penologis Alasan Peringanan Pidana Bagi Pelaku Tindak Pidana Korupsi ]]>
<![CDATA[Marasabessy, Syaiful Achmad Zidane]]>;
<![CDATA[Latupeirissa, Julianus Edwin]]>;
<![CDATA[Patty, Jetty Martje]]>
<![CDATA[ MATAKAO Corruption Law Review Vol 3 No 1 (2025): Mei 2025 MATAKAO Corruption Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/matakao.v3i1.19759
<![CDATA[Introduction: Corruption gets more attention than other crimes because of its huge negative impact. In deciding corruption cases, judges always consider various aspects because they have legal and ethical responsibilities. There is no standard reference regarding the reasons for mitigating or increasing sentences, making it difficult to determine the reasons for light or heavy sentences. Therefore, an in-depth study is needed. Several cases show that penological aspects, such as rehabilitation and reintegration of perpetrators, can be a reason to reduce sentences. Purposes of the Research: This study aims to examine the requirements and role of penological aspects in reducing sentences for corruption perpetrators. Methods of the Research: The legal research used is a normative legal research type which is descriptive and analytical in nature. Results of the Research: The results of the study show that the reasons for reducing sentences for corruption perpetrators include the defendant's awareness and regret, frank confession, never having been convicted, restitution of state losses, family responsibilities, and services to the state or society. However, the use of the penological aspect in the Central Jakarta District Court Decision Number: 29/Pid.Sus-TPK/2021/PN Jkt.Pst is considered odd, especially the reason that the defendant has suffered enough from public insults. This phrase is considered to hurt the sense of justice and should not be used, especially in cases of social assistance corruption when the country is experiencing a non-natural disaster.]]>
<![CDATA[Putusan Bebas Tindak Pidana Korupsi: Studi Putusan Pengadilan Negeri Ambon Nomor 12: PID.SUS-TPK/2024/PN.AMB ]]>
<![CDATA[Salsabilla, Ditha Arizki]]>;
<![CDATA[Sopacua, Margie Gladies]]>;
<![CDATA[Taufik, Iqbal]]>
<![CDATA[ MATAKAO Corruption Law Review Vol 3 No 1 (2025): Mei 2025 MATAKAO Corruption Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/matakao.v3i1.19839
<![CDATA[An acquittal (vrijspraak), acquittal, if the defendant's guilt for the act charged to him is not proven legally and convincingly based on the results of the examination in court. Article 183 of the Criminal Procedure Code, A judge may not sentence someone unless he is convinced, with at least two valid pieces of evidence, that the crime actually occurred and the defendant is guilty of committing it. The research method used is the normative legal research type, which is carried out by examining library materials or secondary data, namely examining theories, concepts, legal principles and laws and regulations that are relevant to the problem being studied. The results of the study indicate that the application of material criminal law to corruption cases in the Ambon District Court decision case Number: 12 / Pid.Sus-TPK / 2024 / PN Amb.) was carried out in accordance with the legal facts, both statements from witnesses, statements from the defendant, and evidence. The form of the indictment made by the public prosecutor is appropriate because if the public prosecutor chooses to compile an indictment in the form of a subsidiary, then the systematic arrangement is where the crime threatened with the heaviest principal penalty is placed in the first layer or placed on the primary indictment and the crime threatened with a lighter penalty is placed on the indictment but in terms of proof it can cause difficulties because the proof of the primary indictment can touch the proof of the subsidiary indictment. The Judge's Legal Considerations in handing down the Acquittal was handed down to the Ambon District Court decision Number: 12 / Pid.Sus-TPK / 2024 / PN Amb.) because it was not legally and convincingly proven that the defendant was guilty of committing the corruption crime charged.]]>
<![CDATA[Pertimbangan Hukum Hakim Terhadap Pelaku Tindak Pidana Korupsi ]]>
<![CDATA[Indey, Gloria Christea Andini]]>;
<![CDATA[Adam, Sherly]]>;
<![CDATA[Muammar, Muammar]]>
<![CDATA[ MATAKAO Corruption Law Review Vol 3 No 1 (2025): Mei 2025 MATAKAO Corruption Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/matakao.v3i1.23091
<![CDATA[Introduction: The dilemma in corruption cases, between legal certainty and substantive justice, places the judge's considerations as the main factor in ensuring a fair and effective decision. Purposes of the Research: This study aims to analyze the legal considerations of judges regarding perpetrators of corruption in decision No. 23/Pid.Sus-TPK/2024/PN Amb, as well as to analyze the imposition of sanctions on perpetratos of corruption from the perspective of the objectives of criminal punishment. Methods of the Research: The type of research used in this study is normative legal research. The approaches used are the legislative approach, the conceptual approach, and the case approach. The legal sources used are primary, secondary, and tertiary legal materials. The procedure for collecting legal materials is through literature study. The processing and analysis of legal materials use qualitative analysis. Results of the Research: The research results show that in Decision No. 23/Pid.Sus-TPK/2024/PN Amb, the panel of judges considered that although the subsidiary charges were proven, the defendant's actions were not categorized as a criminal offense because the state losses had been gradually recovered prior to the suspect's indictment, in accordance with the recommendations of the BPK's audit report through administrative mechanisms. Based on these considerations, the defendant was acquitted of all legal charges (onslag van alle rechtsvervolging) without being sentenced to any principal or additional penalties. Further research shows that the imposition of sanctions on perpetrators of corruption is not yet in line with the objectives of criminal punishment. The acquittal indicates that the acts charged were proven but did not constitute a criminal offense, so the defendant could not be punished, which means that the objective of criminal punishment to punish perpetrators of corruption was not achieved.]]>
