1,720,959 research outputs found

    A Comparison Approach in Corruption Eradication: An Empirical Examination

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    Corruption in Indonesia is increasingly structured and systemic. Worse yet, the corruption was fertile in sub-law enforcement agencies. This paper analyzes why corruption is so systemic in the legal system in Indonesia and how solution of Islam in eradicating corruption. This research was a normative-legal research. The results indicate that corruption occurred systemically in Indonesia due to secularization and capitalization in understanding the living system as embraced by the Republic of Indonesia, which resulted in bad law system both the substance, structure and legal culture, and bad people). The solution of Sharia Islam to eradicate corruption by creating a devotion of community (law awareness) based on religious values. In addition, with a decent salary system, appropriate penalties, the implementation of reverse evidence system and the exemplary leadership, corruption problems can be overcome and a clean government can be realized

    A Comparison Approach in Corruption Eradication: An Empirical Examination

    Full text link
    Corruption in Indonesia is increasingly structured and systemic. Worse yet, the corruption was fertile in sub-law enforcement agencies. This paper analyzes why corruption is so systemic in the legal system in Indonesia and how solution of Islam in eradicating corruption. This research was a normative-legal research. The results indicate that corruption occurred systemically in Indonesia due to secularization and capitalization in understanding the living system as embraced by the Republic of Indonesia, which resulted in bad law system both the substance, structure and legal culture, and bad people). The solution of Sharia Islam to eradicate corruption by creating a devotion of community (law awareness) based on religious values. In addition, with a decent salary system, appropriate penalties, the implementation of reverse evidence system and the exemplary leadership, corruption problems can be overcome and a clean government can be realized

    PENYALAHGUNAAN PERIZINAN PERKEBUNAN SAWIT DALAM PERSPEKTIF TINDAK PIDANA KORUPSI

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    Tujuan dari penelitian ini adalah: pertama, untuk menganalisis penyalahgunaan perizinan di sektor perkebunan sawit dikategorikan sebagai tindak pidana; kedua untuk menganalsis kebijakan formulasi terhadap tindak pidana penyalahgunaan perizinan perkebunan sawit dimasa mendatang. Urgensi penelitian, karena korupsi di sektor perkebunan sawit di Indonesia terjadi penyalahgunaan penerbitan izin dan berpotensi merugikan keuangan negara. Pasal 14 UU Pemberantasan Tindak Pidana Korupsi (UU PTPK) membuka peluang ketentuan di luar UU PTPK dapat ditarik dalam ketentuan tindak pidana korupsi, namun dengan syarat bahwa UU tersebut menyatakan bahwa pelanggaran terhadap ketentuan pidana dalam UU tersebut merupakan tindak pidana korupsi. Metode penelitian yang digunakan adalah metode penelitian hukum normatif. Hasil penelitian yaitu: Pertama, berdasarkan kasus Martias Alias Pung Kian Hwa dan Kasus H.Suwarna Abdul Fatah, kasus tersebut adalah penyalahgunaan perizinan berkaitan dengan kehutanan dan perkebunan, namun izin tetap dikeluarkan. Penggunaan ketentuan UUPTPK terhadap kasus tindak pidana penyalahgunaan perizinan disektor perkebunan oleh Penegak Hukum tidak tepat, karena Undang-Undang Kehutanan dan UU Perkebunan tidak menyebutkan bahwa tindak pidana penyalahgunaan izin dalam UU Perkebunan merupakan tindak pidana korupsi. Kebaharuan dalam penelitian ini terdapat di bagian kedua, yaitu berupa kebijakan formulasi kedepan terhadap penyalahgunaan perizinan sektor perkebunan kelapa sawit yaitu harus melakukan revisi terhadap undang-undang kehutanan dan undang-undang perkebunan dengan menambah ketentuan pasal   yang menyatakan bahwa tindak pidana penyalahgunaan perizinan perkebunan merupakan tindak pidana korupsi

    PAYMENT OF REPLACEMENT MONEY AS AN EFFORT FOR RECOVERY OF STATE FINANCIAL LOSSES IN CRIMINAL ACTS OF CORRUPTION

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    This study aims to analyze the implementation of Compensation Payments as an Effort to Recover State Financial Losses in Corruption Crimes paid by perpetrators of criminal acts in the future. This research uses a normative research method that is prescriptive in nature because it focuses on research on norms that prioritize legal materials in the form of library materials, examines legal principles, the legal system, and legal synchronization by analyzing them, using a statutory approach. and conceptual approach. The results of this study show that the payment of replacement money as an effort to recover state financial losses creates a dynamic that is quite complicated because it collides with normative rules that provide loopholes for convicts to undergo subsidiary crimes.Keywords: Replacement Money; Corruption; Child Crim

    Criminalization of Freedom of Assembly in Indonesia

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    This study aims to analyze Law No. 16 of 2017 concerning Social Organizations in accordance with the Rule of Law Principles and find forms of formulative policies to revoke the status of Legal Entities of Community Organizations Association  in the future (Ius Constituendum). This research is a normative legal research using 3 types of approaches: Statute Approach, Conceptual Approach, Case Approach related to the laws and regulations on Social Organizations. The results of this study indicate that Law No. 16 of 2017, which criminalizes freedom of assembly is not following the principles of the state law and even against the principles of the state law, and has the potential to lead to repressive actions to create a dictatorial ruler. Future formulative policies in realizing freedom of association and assembly, the Law on Community Organizations must continue to guarantee a fair judicial process (due process of law) as regulated in Law Number 17 of 2013 concerning Social Organizations, and the sanctions given are sufficient sanctions. Administratively by suspending or revoking the status of a legal entity association or suspending or dissolving community organizations

    NOTARY OBLIGATIONS TO REPORT BENEFICIARIES OR BENEFICIAL OWNERSHIP (BO) IN EACH MAKING OF DEEDS

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    Abstract This study aims to analyze the urgency of the notary's obligation to report the beneficial owner in each deed to the Financial Transaction Analysis Reporting Center (PPATK) and how to assess the beneficial owner.Beneficial Ownership) referred to by the Legislation. The method used isnormative with the Antinomy research type, namely conflicting norms in the authority and obligations of a notary in reporting beneficial owners(beneficial ownership). The research results areThe urgency of the notary's obligation to report the beneficial owner(beneficial ownership) in each Deed to the Notary Financial Transaction Reports and Analysis Center (PPATK) as a state official or general official appointed by the state in making Deeds that are vulnerable to being exploited by money laundering (TPPU) and terrorism financing (TPPT) perpetrators.Authority The Financial Transaction Reports and Analysis Center (PPATK) requests reports from professions that are vulnerable to being misused by money laundering (TPPU) and terrorism financing (TPPT) perpetrators. PPATK asfinancial intelligence unit Whichhave duties and functions of receiving financial transaction reports, analyzing financial reports, and forwarding the results of the analysis to other law enforcement agencies. So the obligation to report the beneficial owner(beneficial owner) by a Notary to the Financial Transaction Reports and Analysis Center (PPATK) is very important and urgent in the prevention and eradication of money laundering (TPPU) and terrorism funding (TPPT) crime

    Going Beyond Counting First Authors in Author Co-citation Analysis

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    The present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed

    Variations on the Author

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    “Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
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