Independency of the Corruption Eradication Commission of the Republic of Indonesia (KPK RI) in Indicators of Independent Regulatory Agencies (IRAs)

Ramadani, Rizki; Mamonto, Moch Andry Wikra Wardhana

doi:10.33096/substantivejustice.v1i2.18

Cited by 9 publications

(10 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…In this case, an independent state organ also means a state institution that is not within the structure of the executive, judicial and legislative branches of power (Ramadani, 2020). Thus, advocate organizations should have special authority and be regulatory (regulated independently) like generally independent state institutions (Ramadani & Mamonto, 2018).…”

Section: Resultsmentioning

confidence: 99%

The Position of the Letter from the Chief of the Supreme Court and the Decision of the Constitutional Court in the Polemic on the Advocate's Oath

Wahab,

Bachmid

2024

JLPH

View full text Add to dashboard Cite

To carry out the profession of an advocate, a person must go through various stages regulated in the Law on advocates, including the process of education and appointment through oaths. However, the publication of the Letter of the Chief Justice of the Supreme Court of the Republic of Indonesia regarding the oath of advocates has created a polemic among law enforcement. This study aims to examine two main issues: first, the substance and position of the Letter of the Chief Justice of the Supreme Court of the Republic of Indonesia regarding advocate oaths; and second, the substance and position of the Advocate Organization's Constitutional Court Decision. As doctrinal legal research, this study uses statutory and contextual approaches to secondary data in the form of primary and secondary legal materials. The results of the analysis conclude that the Letter of Chief Justice of the Supreme Court is recognized as a product of laws and regulations in Indonesia, so it must comply with the principles regarding statutory regulations. However, it is considered that this policy cannot become a binding legal product because it is considered contradictory to the law on advocacy organizations. This was justified by the Constitutional Court's decision, which considered that there was an error in the substance of the letter. The Court, in its legal considerations, then determined the Indonesian Advocates Association (PERADI) as the only advocate organization that was given eight authorities, including carrying out Advocate Profession Special Education (PKPA), Advocate Professional Examination, and carrying out the oath of attorney candidates

show abstract

Section: Resultsmentioning

confidence: 99%

The Position of the Letter from the Chief of the Supreme Court and the Decision of the Constitutional Court in the Polemic on the Advocate's Oath

Wahab,

Bachmid

2024

JLPH

View full text Add to dashboard Cite

show abstract

“…(Ramadani & Mamonto W.W., 2019). The restorative approach may contradict the aims of efforts to eradicate corruption, because then efforts to form independent institutions in the field of anti-corruption such as the Corruption Eradication Commission (KPK) will be questioned (Ramadani & Mamonto, 2018).…”

Section: B Restorative Justice As An Alternative For Corporate Bankin...mentioning

confidence: 99%

Restorative Justice Approach to The Settlement of Banking Crime Cases

Hijriani¹,

Niasa²,

Dewi

et al. 2023

sucila

View full text Add to dashboard Cite

Banking crimes can now occur in a variety of new forms, which not only harm people or the wider community, but can also cause losses to the state and even the global economy. Settlement of corporate crimes, particularly banking crimes, still leads to legal accountability through diverse statutory instruments, and the imposition of sanctions tends to be oriented toward the perpetrator's criminal responsibility rather than representing the victim's interests. The purpose of this study is to examine non-litigation dispute resolution in the context of corporate banking crimes, as well as whether the concept of restorative justice can be used as an alternative to sanctions in the resolution of corporate banking crimes. The normative legal research method is used, with analytical, comparative, and statutory approaches. The study's findings indicate that the disputing parties can use the out-of-court settlement mechanism to reach an agreement. The use of this mechanism must be established through an injunction settlement institution, as it is known in the legal systems of the United States and the United Kingdom. The court may order a delay in examining the case at the request of one of the litigants if the applicant can demonstrate that there is no clear legal means. The concept of restorative justice opens the door to alternative solutions to corporate banking crimes, such as the deferred prosecution agreement policy.

show abstract

“…19 the year 2019), almost entirely follows the concept of a modern independent Agency. (Ramadani and Mamonto 2018). Despite this, its existence in Indonesia is the most often reaping conflict and Reflecting on the KPK case, it can be said that the prospect of an independent agency in Indonesia does not show a good sign.…”

Section: Downfallmentioning

confidence: 99%

Independent Agency Lost in Action: What We Learned from Corruption Eradication Commission (KPK) During the Pandemic

Bima

2023

J. of Law and Sust. Develop.

View full text Add to dashboard Cite

Objective: This research aims to assess the performance of the Corruption Eradication Commission (KPK) during the Pandemic Period and examine the prospects of independent agencies in Indonesia as reflected in the KPK case. Method: This normative legal research uses secondary data, including primary and secondary legal materials. Several approaches are used, such as statutory, conceptual, and case approaches. Data was collected through literature reviews and then analyzed using a descriptive-qualitative technique. Conclusion: The findings reveal that KPK has compiled several programs and task forces during the pandemic to oversee the COVID-19 budget. However, there was a decrease in performance compared to the previous year regarding the number of 'hand-catching operations' and the target for eradicating corruption. The number of state losses increased throughout 2020, in contrast to the previous period. This condition is due to external factors, including the COVID-19 Pandemic, which impacts limited mobility, and external policies that affect the KPK's independence, such as revising the KPK Law and the policy on the transfer of employment status. Many internal factors have also disrupted the KPK's focus on dealing with corruption. Weak organizational leadership and polemics on the national insight test were among them, leading to the dismissal of several KPK employees. Given these circumstances, Indonesia has become an unfavorable environment for state institutional reform. Especially for independent state institutions such as the KPK, power actors frequently intervene in and politicize.

show abstract

Independency of the Corruption Eradication Commission of the Republic of Indonesia (KPK RI) in Indicators of Independent Regulatory Agencies (IRAs)

Cited by 9 publications

References 0 publications

The Position of the Letter from the Chief of the Supreme Court and the Decision of the Constitutional Court in the Polemic on the Advocate's Oath

The Position of the Letter from the Chief of the Supreme Court and the Decision of the Constitutional Court in the Polemic on the Advocate's Oath

Restorative Justice Approach to The Settlement of Banking Crime Cases

Independent Agency Lost in Action: What We Learned from Corruption Eradication Commission (KPK) During the Pandemic

Contact Info

Product

Resources

About