Corruptio

Legal Analysis Of Violations Of The Prudential Banking Principle In Credit: A Perspective On Corruption And Money Laundering Crimes

2025-01-30T01:46:43+00:00

This research examined the legal implications of credit defaults in Indonesia, specifically assessing whether cases of payment default or bad debt fell under civil or criminal liability. It also investigated whether fraudulent activities in the credit process constituted predicate offenses, such as corruption, potentially leading to money laundering charges. The research aimed to develop a policy framework for resolving legal disputes related to non-performing banking credit. Employing a normative juridical approach, the research utilized conceptual, statutory, case, and philosophical analyses, drawing upon legal references and case studies to substantiate its findings. The results indicated that the legal resolution of banking credit disputes fell into two primary categories. If bad credit resulted from a violation of the Prudential Principles (the 5C’s), banks as creditors could initiate criminal proceedings by reporting the underlying offenses associated with credit disbursement. Conversely, if bad credit stemmed solely from contractual breaches without elements of illegality, banks could seek redress through civil litigation. Furthermore, instances of fraudulent conduct within the credit process could qualify as predicate offenses, thereby enabling criminal proceedings under the Corruption Criminal Act and the Money Laundering Crime Act.

Asset Forfeiture As An Instrument In Fighting Corruption

2024-12-04T09:53:59+00:00

This research employed a normative method to analyze the effectiveness of asset forfeiture in corruption cases, examining relevant laws, legal doctrines, and court decisions. The research addresses two main issues: the effectiveness of asset forfeiture in recovering state losses due to corruption and the factors influencing its success, as well as the challenges encountered in its application as a tool to combat corruption in Indonesia. The findings indicate that while asset forfeiture has the potential to recover state losses, its implementation is hindered by technical and institutional limitations, including the difficulty of establishing a direct link between seized assets and corrupt activities. Key factors influencing the success of asset forfeiture include weak coordination among law enforcement agencies, insufficiently trained personnel, and a lack of transparency in the asset seizure and management process. The primary challenge remains inconsistent law enforcement and weak oversight, which are compounded by legal and political obstacles. To enhance the effectiveness of asset forfeiture, legal reforms and the strengthening of law enforcement agencies, promoting greater synergy and professionalism in the fight against corruption, are essential.

The Urgency of Regulating Trading in Influence: An Analysis of the Doctrine of Participation in Indonesian Criminal Law

2025-03-06T04:28:45+00:00

Trading in influence is a non-mandatory offense regulated under the United Nations Convention Against Corruption (UNCAC). Indonesia ratified the UNCAC through Law Number 7 of 2006. In practice, trading in influence has been prevalent in Indonesia; however, it is often prosecuted as bribery. Perpetrators are typically charged under Article 55 of the Criminal Code (concerning participation) in conjunction with bribery or gratuity provisions under the Corruption Eradication Act. This research employs a normative legal research method, analyzing laws, legal literature, and doctrines related to the concept of influence trading. The findings indicate an urgent need for explicit regulation of trading in influence within Indonesia’s legal framework. The current anti-corruption laws, particularly when applied alongside Article 55, do not comprehensively address cases where influence trading occurs without direct bribery but still results in financial losses to the state. Establishing clear legal provisions on trading in influence is essential to prevent legal uncertainty and close existing regulatory gaps.

Global Dynamics of Corruption: Analyzing Regional Bodies' Role in Building Integrity and Effectiveness in the Fight Against Corruption

2025-03-14T06:14:07+00:00

This article analyzes the global dynamics of selected regional bodies in promoting integrity and effectiveness in the fight against corruption. The widespread recognition of corruption in the early 1990s led to the formation of regional bodies aimed at fostering integrity and developing effective instruments for global corruption eradication. The findings reveal that while each regional body is unique in its history and structure, there are similarities that are often transferable. However, ambiguities in definitions, criminalization of acts, and preventive measures undermine the effectiveness of these systems and limit their potential to reinforce comprehensive integrity in the fight against corruption. This article employs both qualitative and quantitative methods to review existing literature, generate data, and assess the role of regional bodies in building integrity and combating corruption.

Reassessing Nepotism: Wederrechtelijk and Onrechtmatige Daad in Indonesian Law

2025-03-24T14:01:44+00:00

This research examines nepotism as a form of Corruption, Collusion, and Nepotism (KKN), which has significantly undermined social and institutional order in Indonesia. The problem stems from the negative impacts of KKN on community welfare, resource misuse, and the erosion of public integrity and morals. The main goal of the paper is to analyze nepotism from a positive legal perspective by exploring the conceptual differences between "onrechtmatige daad" in civil law and "wederrechtelijk" in criminal law. The study uses a doctrinal approach that integrates conceptual, statutory, and case analysis, focusing on Law Number 28 of 1999 and Constitutional Court Decision Number 90/PUU-XXI/2023 as key case studies. Through evaluative, argumentative, and prescriptive techniques, the research develops arguments concerning the classification of nepotism as either a criminal or civil matter. The findings highlight that while both legal concepts—onrechtmatige daad and wederrechtelijk—serve to protect individual rights and public interests, they are applied differently. The study concludes that nepotism, which has caused systemic harm to fair and transparent governance, should be classified as a criminal act (wederrechtelijk) to ensure legal certainty and maximize the repressive effects of the law, adhering to the principles of lex scripta, lex certa, and lex stricta. As a recommendation, the government and the DPR should revise Law Number 28 of 1999 to strengthen the norms regarding nepotism and submit a material review to the Constitutional Court to align the law with the principle of legality, ensuring optimal protection of the public interest.

Heirs’ Liability for State Losses Arising from a Deceased Corruption Offender under Islamic Inheritance Law

2025-03-04T06:26:35+00:00

Corruption is an extraordinary crime that often leaves unresolved legal consequences when the perpetrator dies before serving their sentence, raising the question of whether heirs are responsible for settling resulting state losses. This study employs normative legal research through literature review to examine the compatibility between Islamic inheritance principles and the civil liability imposed on heirs in such cases. The findings show that Islamic inheritance law recognizes heirs’ obligation to settle the deceased’s debts, including those from unlawful acts, but strictly within the limits of the inherited estate. Thus, while heirs can be held accountable for corruption-related debts, their liability is confined to the value of the assets they receive. This highlights the importance of integrating religious norms and positive law to ensure fair and effective recovery of state losses after the perpetrator’s death.