The Eradication of Corruption and the Enforcement of the Law in Indonesia as Seen Through the Lens of Legal Philosophy

Abstract

Corruption is a product of the attitude of life of a group of people who use money as a standard of truth and as absolute power. Corruption has been going on for a long time, since the times of Ancient Egypt, Babylonia, Rome until the Middle Ages and until now. The purpose of this study is to determine the eradication of corruption and law enforcement in terms of the perspective of legal philosophy as a philosophy of implementing positive law in Indonesia. This study is normative legal research with descriptive method which explains that this legal research is carried out using primary legal materials, secondary legal materials and tertiary legal materials. Philosophy of Law which is the basic foundation of thinking in the application of any applicable legal rules and is considered in many branches of science gets special attention on the enforcement of corruption which should be done in eradicating corruption so that enforcement is not only based on written rules alone in eradicating but the eradication of corruption animates law enforcement in enforcement of corruption, written laws can be regulated, but these rules can be implemented by the implementers so that when the rules apply at the time of a criminal act of corruption, they can be in line with what has been written in the laws and regulations.

Curator's Legal Efforts Against Bankruptcy Estate (Boedel) Assets Seized in Criminal Confiscation of Corruption Cases

“…Then related to bankruptcy assets themselves are assets belonging to individuals or entities that experience bankruptcy or bankruptcy and have been declared by law. Legal efforts against bankruptcy estate assets placed in criminal confiscation of tipikor can be interpreted as an effort given by the law to fight against criminal confiscation that has been placed on bankruptcy estate assets due to the interests of investigation, especially in proving tipikor cases and / or as a result of additional punishment in the form of confiscation determined by the Tipikor court so that the assets cannot be cleaned up for the good of the creditors (Hutabarat et al, 2022). Looking into the provisions of Article 69 paragraph (1) of the KPKPU Law, it is explicitly regulated regarding the duties of the Curator that:…”

Law Enforcement in Criminal Cases Based on Restorative Justice by the Prosecutor's Office

“…Based on the description above, settlement of cases based on Restorative Justice as stipulated in the Prosecutor's Office Regulation of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice has described law enforcement as something that must be carried out by the prosecutor's office. Law enforcement has been carried out on the basis of the applicable laws (Hutabarat et al, 2022). This shows that the prosecutor's office prioritizes substantial-oriented justice enforcement, namely laws that develop and exist in society, rather than having to prioritize procedural justice.…”

Analysis of Debtor's Efforts in Settlement or Implementing Credit Obligations During the Non-Natural National Disasters of the Covid-19 Pandemic

“…When a clause is included in an agreement or contract regarding the provision of coercive circumstances, it basically regulates a situation that occurs after the occurrence of the agreement or contract and prevents the debtor from carrying out his obligations. If indeed the debtor is unable to carry out his contractual obligation, the debtor cannot be blamed or considered a renegade promise (default), as is also regulated in Article 1244 as well as Article 1245 of the Civil Code (Hutabarat et al, 2022).…”