Hangoluan Law Review

Position of the Corruption Eradication Commission (KPK) Supervisory Board in Supervising the Duties and Authorities of the KPK Based on Law Number 19 of 2019

siti_nazarah siti — 2023-11-04

The purpose of this study is to find out and analyze the position of the KPK Supervisory Board based on Law Number 19 of 2019 and to discuss the authority of the Supervisory Board regarding the granting of wiretapping, search and confiscation permits for the KPK's performance in eradicating corruption in Indonesia. The problems of this thesis are, first, what is the position of the KPK Supervisory Board based on Law Number 19 of 2019. Second, is the authority of the Supervisory Board related to issuing permits or not issuing permits in carrying out wiretapping, searches, and confiscations can realize or support the KPK's performance in eradicating corruption? corruption in Indonesia. The normative juridical research method is to examine laws and regulations related to the problems studied, especially those related to the Supervisory Board which is part of the KPK's organ structure. The research approach used is statutory approach, conceptual approach, historical approach, and case approach. The research results obtained based on analysis and discussion are that when looking at the arrangements in Law Number 19 of 2019 concerning the institutional structure of the KPK and the relationship between the authority of the KPK Supervisory Board and other organs, especially the KPK Leaders and Employees, the position of the Supervisory Board is high from the KPK Leaders and KPK Employees . The Supervisory Board has a very dominant role, even exceeding the KPK leadership, as in the matter of granting permits to accountability, it must go through the Supervisory Board proposed by the leadership. Second, the authority of the KPK Supervisory Board regarding issuing permits or not granting wiretapping, search and confiscation permits has not materialized the KPK's performance in eradicating corruption in Indonesia. This is because the licensing authority possessed by the Supervisory Board is actually a pro justitia authority owned by the judiciary, this can be seen based on the Criminal Code (KUHAP) and Law Number 39 of 1999 concerning Human Rights. There is a requirement for prior permission from the KPK Supervisory Board regarding wiretapping, searches and confiscations as it is known that eradicating corruption requires very fast, accurate, effective and efficient moves. If waiting for a permit will potentially take time, some potential suspects will run away and lose new evidence. Based on the results of this study the authors provide recommendations. The position of the KPK Supervisory Board is correct, it's just that the KPK leadership does not have to ask for permission and is given permission by the KPK Supervisory Board in the wiretapping, search and confiscation process so that the KPK Supervisory Board does not get involved in KPK technical issues.

Journal Bantuan Hukum Terhadap Saksi Dalam Proses Peradilan Pidana Di Indonesia

Rd. M. Farenza Fauzi — 2023-05-20

The purposes of this research are 1) to find out and analyze the arrangements regarding legal assistance to witnesses in the criminal justice process according to Indonesian laws and regulations; 2) To find out and analyze future criminal law policies regarding legal assistance to witnesses in the criminal justice process in Indonesia. As for the formulation of the problem 1) What are the arrangements regarding legal assistance to witnesses in the criminal justice process according to Indonesian laws and regulations?; 2) What is the future criminal law policy regarding legal assistance to witnesses in the criminal justice process in Indonesia? This study uses a normative juridical research method with a statutory approach (statute approach) and a conceptual approach (conceptual approach). The final results show that: The implementation of the principle of legal protection in the form of providing legal assistance to witnesses in the criminal justice process in Indonesia has been regulated in several laws and regulations in Indonesia. The interests or rights of witnesses that are protected in the Criminal Procedure Code are only regulated in one article, namely Article 229. The birth of the Law on the Protection of Witnesses and Victims and the Law on Legal Aid is expected to fulfill the rights of witnesses in order to provide legal protection in the criminal justice process. Providing legal assistance is a state obligation in the framework of fulfilling human rights (HAM) for its citizens as the implementation of the principle of equality before the law. In the future criminal law policy regarding protection in the form of providing legal assistance to witnesses in the examination process is an element that must be provided for the purposes of investigation, investigation and prosecution in every court, which aims to provide a sense of security to witnesses in providing information at each examination process. The urgency of legal protection in the form of providing legal assistance to witnesses in the process of examining criminal cases is based on two reasons, namely the first is the position and role of the witness in a case itself. Then the second is the fear of a witness being afraid of being threatened and intimidated or the fear he is experiencing because he has received threats from various parties. In other words, witness protection requires a policy or legal formulation and implementation tools that are able to provide security and comfort for witnesses and victims before, during and after giving their testimony at all levels of the criminal procedure process.

Keywords: Legal Aid, Witness, Criminal Justice Process.

jurnal RESPONSIBILITY OF THE CRIME OF MONEY LAUNDERING FROM A CRIMINAL LAW POLICY PERSPECTIVE

nadya puspita sari Pita — 2023-05-03

This study aims to analyze the accountability of perpetrators of money laundering crimes in the perspective of criminal law policy. The problem is how the punishment in Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes concerns criminal liability for perpetrators and whether the existing criminal law policies can tackle money laundering crimes in Indonesia. The method used is Normative Juridical, namely legal research conducted by examining literature or secondary material regarding Accountability as the basic material for research by conducting a search of regulations and literature related to the accountability of perpetrators of money laundering crimes in the perspective of criminal law policy . The results of this study are that criminal law policy within the framework of dealing with money laundering crimes can be formulated as an effort to make and shape criminal law regulations which will come in an effective and efficient manner. Policy formulation is the first step in crime prevention which functionally can be seen as part of the planning and mechanism for crime prevention as outlined in legislation. After the policy formulation was carried out, the Government of Indonesia and Bank Indonesia's Policy in Overcoming the Prevention and Eradication of Money Laundering Crimes in Indonesia was implemented.

Kewenangan Penyidik Pegawai Negeri Sipil Tindak Pidana Di Bidang Budidaya Pertanian

muhti muhti — 2023-11-04

The purpose of this research is 1) to determine and analyze the authority of Civil Servant Investigators regarding Criminal Acts in the Field of Agricultural Cultivation; 2) to determine and analyze the position of Civil Servant Investigators regarding Criminal Acts in the Agricultural Cultivation Sector. This research uses normative juridical research using approaches, legislation (statute approach, conceptual approach), case approach (case approach). The final results show that there is weak coordination between law enforcement. The process of investigating criminal acts of spreading fake palm seeds is not only involving Polri investigators as investigators, but also involving Civil Servant investigators (PPNS) in the field of Agricultural Cultivation who are authorized by law to carry out criminal acts in the plantation sector. Civil Servant Investigators (PPNS) are under the coordination and supervision of Polri investigators, As a consequence, there is a working relationship that must always be maintained between the two of them. This working relationship is basically functional in nature which is realized in the form of a working relationship in the operational field which includes investigations, providing investigative assistance and supervising investigations. The working relationship in the field of development includes developing the capabilities of PPNS , building the strength of PPNS, as well as developing a reporting system. Based on the authority inherent in Civil Servant Investigators in the field of Agricultural Cultivation, they do not have the same authority as Police Investigators to carry out investigations into criminal acts in the field of Agricultural Cultivation. The disparity in the authority of PPNS in the field of Agricultural Cultivation and that of National Police Investigators lies in the authority in terms of arresting and detaining criminal suspects. If it is deemed necessary to arrest and detain the suspect by the PPNS, then the arrest and detention must be carried out by the National Police Investigator himself at the request of the PPNS.

jurnal Basis of Dominus Litis in the Process of Solving Criminal Cases of Persecution Through Restorative Justice

M. Fakri Vilano Putra — 2024-05-04

Criminal assault poses a significant threat with grave consequences for victims, often overshadowed by the punitive focus of the traditional criminal justice system. This normative legal study addresses two critical issues: the application of the dominus litis principle in resolving criminal assault through restorative justice and the pertinent policies. While the dominus litis principle persists in restorative justice for criminal assault, the public prosecutor is urged to consider it as an alternative. Articles 138 and 139 of the Criminal Procedure Code govern prosecution discontinuation, considering reconciliation or pressing public interests. Indonesian Republic Prosecutor's Regulation No. 15 of 2020 guides prosecution discontinuation with a restorative justice approach. Despite the dominus litis principle, public prosecutor must weigh victim, perpetrator, and public interests in deciding to pursue or discontinue cases. Information on applying restorative justice in adult criminal cases, particularly assault, is limited in Indonesia, highlighting a need for detailed policies. The absence of specific provisions in the Criminal Procedure Code regarding restorative justice calls for updates to establish a clearer legal foundation. Harmonizing legislative policies and field implementation is imperative for effective resolution, aligning with restorative justice principles and ensuring a balanced approach to fair punishment and restoration for victims and perpetrators.

Perlindungan Hukum Bagi Pemberi Fidusia Jika Penghapusan Jaminan Fidusia Tidak Dilaksanakan Oleh Penerima Fidusia

Lestari Lestari — 2023-11-01

The purpose of this study is to determine and analyze the consequences of law for debtors because creditors do not remove fiduciary guarantees and to regulate legal protection for debtors whose debts are clear but whose collateral objects are not removed by creditors. The type of research used in this article is normative legal research conducted by reviewing applicable laws and regulations and using secondary data as primary data. Based on the results of the research, conclusions can be formulated as follows: (1) The consequence of law for debtors because creditors do not remove fiduciary guarantees is that the collateral object, which is paid off, cannot be guaranteed anymore because it is still guaranteed in the Directorate General of General Legal Administration; and (2) There is a need for further regulation about legal protection for debtors to guarantee legal certainty, especially in chapter 17 of PP fidusia, namely giving sanctions for creditors who do not write off that fiduciary guarantee.