Ideal Setting of Investigation Authority in the Context of Eradicating Indonesian Corruption in the Perspective of Ius Constituendum
Abstract
This study aims to analyze about (1) the regulation of the authority to investigation corruption in Indonesia (2) the ideal arrangement of investigative authority in the context of efforts to accelerate the eradication of criminal acts of corruption in the IUS constituendum perspective in Indonesia. This legal research is descriptive, uses a normative juridical approach, uses legal material relating to research problems as the main material, supported by interviews and data on the conduct of investigations by the three authorized institutions to help sharpen qualitative analysis of the implications of ideal arrangements regarding the authority of investigations against eradicating existing corruption. Based on the research it was found that (1) the investigation of corruption in Indonesia, gave authority to three institutions to carry out investigations, namely the Police, the Prosecutor's Office and the Corruption Eradication Commission (KPK), with unequal authority where the KPK's authority was wider than the authority The Police and the Attorney General's Office are seen in the authority of supervision, coordination, wiretapping, confiscation and others, and are administratively still individual. (2) The ideal setting of the authority of investigation in the context of efforts to accelerate the eradication of criminal acts of corruption in the perspective of IUS constituendum is still given to three institutions, namely the Police, Prosecutor's Office and the Corruption Eradication Commission, with strict regulations on authority and giving the same authority to all three institutions setting up coordination mechanisms in a better direction and integrated monitoring systems are not as fragmented as they are now.
References
[2] Akhmetov, A.S., Zhamuldinov, V.N., Komarov, O.E. Corruption as a Social Phenomenon: Problems and Prospects for Combating Corruption. 2018. Journal of Advanced Research in Law and Economics, [S.l.], v.9, n.5, 1539-1544, DOI: https://doi.org/10.14505//jarle.v9.5(35).04, https://journals.aserspublishing.eu/jarle/article/view/3365, (Date accessed: 07 apr. 2020).
[3] Asshidiqie, J. 2008. Pokok-PokokHukum Tata Negara Indonesia. Jakarta. BhuanaIlmu Populer.
[4] Burmistrov, I.A. et al. Topical Issues of Preventing and Suppressing Crimes of Corruption in the Housing Sector. 2019. Journal of Advanced Research in Law and Economics, [S.l.], v.9, n.7, 2278-2283, DOI:https://doi.org/10.14505//jarle.v9.7(37).10, https://journals.aserspublishing.eu/jarle/article/view/4049, (Date accessed: 07 apr. 2020).
[5] Hamzah, A. 1991. Korupsi Indonesia Masalahdan Pemecahannya. Jakarta. Gramdeia Pustaka Utama.
[6] Hatta, M. 2015. KPK dan Sistem Peradilan Pidana. Yogyakarta. Liberty.
[7] Januarsyah, M.P.Z. et al. 2020. Corrective Justice: An Economic Approach for Law. Journal of Advanced Research in Law and Economics, [S.l.], v.10, n.1, 208-215, DOI:https://doi.org/10.14505//jarle.v10.1(39).21, https://journals.aserspublishing.eu/jarle/article/view/4345, (Date accessed: 07 apr. 2020).
[8] Kassenova, A.M. 2020. Problems of the Legal Regulation and Practice of Enforcing Additional Punishment for Corruption-Related Offenses in Kazakhstan. Journal of Advanced Research in Law and Economics, [S.l.], v.10, n.1, 227-237, https://doi.org/10.14505//jarle.v10.1(39).23, https://journals.aserspublishing.eu/jarle/article/view/4347, (Date accessed: 07 apr. 2020).
[9] Klyukovskaya, I.N. et al. 2017. International Organizations on Fighting against Corruption: Legal Means and Methods of their Implementation in National Legal Systems. Journal of Advanced Research in Law and Economics, [S.l.], v.7, n.7, 1734-1743, https://journals.aserspublishing.eu/jarle/article/view/760, (Date accessed: 07 apr. 2020).
[10] Kravtsova, Z.S., Sinkevych, O.V., Kudriavtseva, O.M. 2020. The Functions of State Institutions: Constitutional Legal Aspect. Journal of Advanced Research in Law and Economics, [S.l.], v.10, n.1, 285-294, DOI:https://doi.org/10.14505//jarle.v10.1(39).29, https://journals.aserspublishing.eu/jarle/article/view/4357, (Date accessed: 07 apr. 2020).
[11] Kumarbekkyzy, Z., Alibekova, A.M., Filipets, O.B. 2017. Legislative Regulation and Practice of Imposition of Punishment in the Form of Fine and Forfeiture for the Corruption-Related Crimes in the Republic of Kazakhstan. Journal of Advanced Research in Law and Economics, [S.l.], v.7, n.6, 1418-1423, https://journals.aserspublishing.eu/jarle/article/view/633, (Date accessed: 07 apr. 2020).
[12] Marzuki, PM. 2005. Penelitian Hukum. Jakarta. Prenada Media.
[13] Mussayeva, I., Bozhkarauly, A. 2019. Realization of the Right of Inheritance: Problems of Legislation and Law Enforcement Practice. Journal of Advanced Research in Law and Economics, [S.l.], v.9, n.7, 2387-2392, DOI:https://doi.org/10.14505//jarle.v9.7(37).23, https://journals.aserspublishing.eu/jarle/article/view/4068, (Date accessed: 07 apr. 2020).
[14] Priyatno, D. 2018. Non Conviction Based (NCB) Asset Forfeiture for Recovering the Corruption Proceeds in Indonesia. Journal of Advanced Research in Law and Economics, [S.l.], v.9, n.1, 219-233, DOI:https://doi.org/10.14505//jarle.v9.1(31).27, https://journals.aserspublishing.eu/jarle/article/view/2306, (Date accessed: 07 apr. 2020(.
[15] Reznik, O.M. et al. International Aspect of Legal Regulation of Corruption Offences Commission on the Example of Law Enforcement Agencies and Banking System of Ukraine. Journal of Advanced Research in Law and Economics, [S.l.], v.8, n.1, 169-177, https://journals.aserspublishing.eu/jarle/article/view/1142, (Date accessed: 07 apr. 2020).
[16] Sahuri, L. 2017. AnalisisYuridis Kewenangan Kejaksaan Dalam Melakukan Penyidikan Tindak Pidana Korupsi, Majalah Hukum Forum Akademika, 1, https://online-journal.unja.ac.id/ index.php /ForAk/ article/view/2149, (Accessed, Juni 05, 2017).
[17] Sidorenko, E.L. et al. Regional Assessment of Corruption: New Approaches. Journal of Advanced Research in Law and Economics, [S.l.], v.10, n.1, 357-362, DOI:https://doi.org/10.14505//jarle.v10.1(39)37, https://journals.aserspublishing.eu/jarle/article/view/4367, (Date accessed: 07 apr. 2020).
[18] Soemitro, RH. 1988. Metodologi Penelitian Hukumdan Jurimetri. Jakarta. Ghalia, Indonesia.
[19] Sukmareni. 2018. Penegakan Hukum Terhadap TPK Menurut Sistem Peradilan Pidana Indonesia, Pagaruyuang Law Journal, Volume 1 Nomor 2, Edisi Februari 2018, ISSN Print: 2580-4227, ISSN Online: 2580-698X, hlm 174-175.
[20] Suprayitno, B., Pradiptyo, R. 2018. Fiscal Decentralization and Corruption: The Facts in Regional Autonomy in Indonesia. Journal of Advanced Research in Law and Economics, [S.l.], v.8, n.5, 1467-1483, https://journals.aserspublishing.eu/jarle/article/view/1699, (Date accessed: 07 apr. 2020).
The Copyright Transfer Form to ASERS Publishing (The Publisher)
This form refers to the manuscript, which an author(s) was accepted for publication and was signed by all the authors.
The undersigned Author(s) of the above-mentioned Paper here transfer any and all copyright-rights in and to The Paper to The Publisher. The Author(s) warrants that The Paper is based on their original work and that the undersigned has the power and authority to make and execute this assignment. It is the author's responsibility to obtain written permission to quote material that has been previously published in any form. The Publisher recognizes the retained rights noted below and grants to the above authors and employers for whom the work performed royalty-free permission to reuse their materials below. Authors may reuse all or portions of the above Paper in other works, excepting the publication of the paper in the same form. Authors may reproduce or authorize others to reproduce the above Paper for the Author's personal use or for internal company use, provided that the source and The Publisher copyright notice are mentioned, that the copies are not used in any way that implies The Publisher endorsement of a product or service of an employer, and that the copies are not offered for sale as such. Authors are permitted to grant third party requests for reprinting, republishing or other types of reuse. The Authors may make limited distribution of all or portions of the above Paper prior to publication if they inform The Publisher of the nature and extent of such limited distribution prior there to. Authors retain all proprietary rights in any process, procedure, or article of manufacture described in The Paper. This agreement becomes null and void if and only if the above paper is not accepted and published by The Publisher, or is with drawn by the author(s) before acceptance by the Publisher.