Elements of the corruption crime (element analysis of authority abuse and self-enrich and corporations in Indonesia)

Saragih, Yasmirah Mandasari; Medaline, Onny

doi:10.1088/1755-1315/126/1/012108

Cited by 3 publications

(3 citation statements)

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“…First, that prosecution is the action of a public prosecutor, which means the authority. Only the public prosecutor can carry out prosecutions, called dominus litis, which means absolute authority to prosecute cases at trial (Yasmirah Mandasari Saragih 2017a;Yasmirah Mandasari Saragih and Medaline 2018;Yasmirah et al 2021).…”

Section: The Role Of the Prosecution As A Public Prosecutor In Terror...mentioning

confidence: 99%

Role of the Prosecution in Overcoming Criminal Acts of Terrorism

Harahap,

Saragih,

Sitorus

et al. 2023

Int. J. Multidiscipline. Approach. Res. Sci.

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The prosecutor's office is responsible for carrying out investigations into criminal acts of terrorism. This includes collecting evidence, monitoring perpetrators, and gathering information from related parties. The prosecutor's office also has the authority to examine documents related to criminal acts of terrorism, such as newspapers, magazines, and social media. Prosecutors as Public Prosecutors have the primary task and role of prosecuting various criminal cases and carrying out judge's determinations and court decisions with permanent legal force. This terrorism case is classified as an ordinary examination procedure. The prosecution process in this terrorism case must be based on an indictment proven at a court hearing and ends with a legal charge (Requisitoir) as regulated in the Criminal Procedure Code. The procedure for criminal prosecution must be guided by the Circular Letter issued by the Attorney General's Office, namely Circular Letter Number: SE- 003/JA/8/1988, which has been updated with Circular Letter Number: SE. 001/JA/4/1995 Concerning Guidelines for Criminal Charges. The Public Prosecutor must be astute and thorough in formulating a criminal offense and the articles imposed on the defendant because it will significantly impact the indictment. If there is an error in formulating the criminal act and the articles imposed, it will have fatal consequences, namely that the case is null and void, and the defendant will be acquitted. Challenges include fulfilling formal and material requirements in the investigator's investigation report (BAP). So, the BAP has to go back and forth from the prosecutor to the investigator to be completed until it meets the requirements to be submitted to trial. There are a lot of court visitors or spectators at trials in terrorism cases. So that the prosecutor's office coordinates with the Police regarding security matters. Limitations in strengthening cooperation with related institutions in dealing with criminal acts of terrorism in the digital era.

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Section: The Role Of the Prosecution As A Public Prosecutor In Terror...mentioning

confidence: 99%

Role of the Prosecution in Overcoming Criminal Acts of Terrorism

Harahap,

Saragih,

Sitorus

et al. 2023

Int. J. Multidiscipline. Approach. Res. Sci.

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“…In this case, the action deviates from the oath of office and applicable laws and regulations. In terms of financial losses, corruption is divided into two categories: financial losses and public financial losses (Saragih & Medalin, 2018).…”

Section: Introductionmentioning

confidence: 99%

Construction of the Argument for the Decision of the Jambi District Court No. 18/Pid.Sus-TPK/2023/PN Jmb

Ardinah,

Prihadi,

Efendi

et al. 2024

JOLLT

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Indonesia has imposed penalties for criminal acts of corruption by sentencing defendants to additional crimes, in addition to the main crime through court decisions. As a text, a court decision is also a practice that uses language like any other text. Therefore, it cannot be denied to analyze the text using the field of forensic linguistic studies. This research aims to explore the argumentative structure of court decisions regarding criminal acts of corruption and additional crimes as argumentative texts. In his analysis, all legal considerations become the basis for decision making. The data in this research is the text of the Jambi District Court decision no. 18/Pid.Sus-TPK/2023/PN Jmb using a qualitative descriptive method referring to a forensic linguistic approach. The results of this research include several things, namely the panel of judges used an indictment that had a high level of empathy and focalization because the indictment was obtained from interviews with the defendants. Thus, it can be concluded that because the claims of 'legitimate and convincing' and 'committing criminal acts of corruption together' are met argumentatively. However, the claim of 'subjected to criminal acts of corruption and additional crimes' needs to be questioned. This is because the six defendants had different sentences. In fact, in the indictment the detailed amount of money received is stated, so this claim is problematic from an argumentative theory perspective.

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“…In order to eradicate acts of corruption, the Indonesian government is making efforts through the ratification of statutory provisions that specifically regulate criminal acts of corruption, such as Law Number The replacement money is expected to be a form of returning state losses caused by acts of corruption committed by irresponsible people with the aim of enriching themselves (Saragih & Medaline, 2018;Kartika, 2020). Payment of replacement money in the criminal act of corruption is an additional crime in addition to the punishment against the convict himself and the criminal fine.…”

Section: Introductionmentioning

confidence: 99%

Application of Compensation Money Legal Sanctions in Corruption Crimes in Indonesia and the United States

Widijowati

2023

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After the issuance of TAP MPR Number IX/MPR/1998 concerning State Administration that is Clean and Free from Corruption, Collusion and Nepotism, the People's Representative Council of the Republic of Indonesia (DPR RI) then issued a series of laws against corruption, including: Law Number 31 of 1999 concerning the Eradication of Corruption Crimes; and Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crimes. Apart from that, the government is also making efforts through determining the payment of money as compensation for corruption. The problem is how is the legal comparison between Indonesia and the United States regarding criminal sanctions for money as compensation in the concept of law enforcement on corruption crimes? The research used is normative legal research, namely a scientific research procedure to find the truth based on the scientific logic of law from a normative side, studying the application of rules or norms in positive law to find legal rules, legal principles, and doctrines, generate arguments, theories, or new concepts to find solutions to legal issues that arise and answer problems. The results of the study show that there are differences between Indonesia and the United States regarding criminal sanctions for money substitutes in the concept of law enforcement for criminal acts of corruption.

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Elements of the corruption crime (element analysis of authority abuse and self-enrich and corporations in Indonesia)

Cited by 3 publications

References 0 publications

Role of the Prosecution in Overcoming Criminal Acts of Terrorism

Role of the Prosecution in Overcoming Criminal Acts of Terrorism

Construction of the Argument for the Decision of the Jambi District Court No. 18/Pid.Sus-TPK/2023/PN Jmb

Application of Compensation Money Legal Sanctions in Corruption Crimes in Indonesia and the United States

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