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VOLUME 04 ISSUE 07 JULY 2021

Handling of Quality Corruption Case by the Prosecutor as Part of Prevention Measure
1Budi Triono,2Taufiqurrohman Syahuri, SH, MH
1Master of law study program“veteran” national development university Jakarta faculty of law
2Supervisor, master of law study program“veteran” national development university Jakarta faculty of law
DOI : https://doi.org/10.47191/ijmra/v4-i7-12

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ABSTRACT:

Enforcement of quality corruption cases by the Prosecutor's Office of the Republic of Indonesia as one of the law enforcers who has the main task and function in law enforcement, one of which is related to eradicating corruption. Seeing the importance of the position of the prosecutor's office in law enforcement specifically to combat corruption, it is important to conduct an assessment of the legal politics of eradicating corruption at the prosecutor's office in particular. The conclusion of this paper is to first discuss how the pattern of handling corruption with quality by the Attorney General's Office of the Republic of Indonesia through Institutional Politics policies that they embody in the regulations of instructions and letters of the attorney general relates to improving the performance of handling corruption cases and efforts to eradicate corruption Second, The Prosecutor's Office of the Republic of Indonesia as a government institution indirectly in making legal policies has the nuances of policies taken by the government and is based on related legal rules. As for some of the prosecutor's policies in eradicating corruption that are in line with the government's intent, namely the formation of a TP4 Team, establishing a corruption-free zone, enforcing corruption that is not selective, educating the dangers of corruption for state activities and emphasizing on handling cases with legal economic aspects the basis for consideration is the principle of benefit and the principle of proportionality in order to support development programs and smoothness in the life of the nation and state.

KEY WORDS:

Legal Politics, Corruption, Prosecutors

REFERENCES


Books
1) AtmasasmitaRomli, Strategy for Guiding Criminals in the Context of Law Enforcement in Indonesia. (Bandung: Alumni, 1982), p.

2) AstasasmitaRomli, Integrative Legal Theory, Second Edition, Genta Yogyakarta, 2012.

3) Dellyana, Shant, Concept of Law Enforcement, (Liberty: Yogyakarta, 1988).

4) Friedmann L., The Legal System: A Social Science Perspective, Rusel Sage Foundstions, New York, 1975.

5) Muladi, Capita Selecta of the Criminal Justice System. (Semarang: Diponegoro University Publishing Agency, 2002).

6) Marzuki Mahmud Peter (A), Legal Research Revised Edition, 12th Printing, (Jakarta: Prenada Media Group, 2016).

7) Borrowing the term "development" put forward by MochtarKusumaatmadja, Functions and Development.

8) of Law in NationalDevelopment, 1976, Binacipta, Bandung.

9) Mattei Ugo, Theer Patterns of Law: Taxonomy and Change in The World's New Constitutions,

10) The American Journal of Comparative Law, 1997.

11) Saihu Mohammad, Law Summit III: Eradicating KKN indiscriminately to its roots March-April Edition, (Jakarta: KHN Newsletter 2004).

12) Yahya Harahap M. Discussion of Problems and Implementation of the Criminal Procedure Code. (Jakarta: Sinar Graphic, 2002).
Constitution:
1) Law of the Republic of Indonesia Number 16 of 2004 Article 30 Paragraphs (1).

2) Law of the Republic of Indonesia Number 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia.

3) The Instruction of the Attorney General of the Republic of Indonesia Number: INS-002/A/JA/02/2019 dated February 21, 2019 concerning the Pattern for Handling Qualified Special Criminal Cases.

4) Presidential Instruction of the Republic of Indonesia Number 9 of 2011, Instruction of the President of the Republic of Indonesia Number 17 of 2011

5) Sejampidsus 2018 B-845 technical guidelines for handling high quality special criminal cases

6) Standard Operating Procedures (SOP) for Special Crimes are regulated in the Regulation of the Attorney General of the Republic of Indonesia Number: PERJA-039/A/JA/10/201 dated October 29, 2010 concerning the Technical Administration of the Handling of Special Crimes.

7) Government Report on Implementation of State Revenue and Expenditure Budget 2014 Fiscal Year, Republic of Indonesia, 2014.
Journals / Papers:
1) Try to compare it with the Circular Letter of the Junior Attorney General for Special Crimes (SE-JAMPIDSUS) Number: 1113/F/Fd.1/05/2010 dated 18 May 2010 concerning Priorities and Achievements in handling corruption cases. There are several similarities, namely both prioritizing large-scale cases (Big Fish) and prioritizing the return of state finances which in SE-JAMPIDSUS Number: 1113 uses the term restorative justice approach. In fact, the focus on recovering state financial losses is one of the goals of eradicating corruption which aims to restore, in this case, restore state finances that were previously in the hands of those who were not supposed to be. In SE-JAMPIDSUS B-Number: 260 does not include cases that are carried out on a continuous scale (still going on) such as extortion as in SE-JAMPIDSUS Number: 1113. In fact, extortion is one of the issues that became the focus of President Jokowi during his reign. The parameters of corruption cases categorized as Big Fish are based on the Circular Letter of the Junior Attorney General for Special Crimes (SE-JAMPIDSUS) Number 845/F/Fjp/05/2018 dated May 4, 2018 Regarding the Technical Guidelines for the Handling of Quality Special Crime Cases

2) Perpetrators of criminal acts are state administrators as referred to in Law Number 28 of 1999 concerning Government Organizers that are Clean and Free of KKN; Involve actors and one and/or more ministries/institutions together with actors in legislative and/or judicial institutions and/or other high state institutions, both centrally and regionally with private actors;

3) Violation of one or more laws and regulations in different regulatory fields;

4) Evidence using conventiona l evidence, Article 184 of the Criminal Procedure Code plus digital evidence and/or financial evidence or scientific evidence;

5) Crimes committed during a disaster

6) Incurring state financial losses above 10 billion for the offense of Article 2 paragraph (1) or Article 3 of the PTPK Law,

7) That the policy makers include the return of state financial losses at the investigation level as part of the consideration in the process of handling cases on the basis of the benefits and smoothness of development shows that policy makers emphasize the economic aspects of the law, this is seen from the basis of considerations of the benefits and smoothness of development Here policy makers understand and harmonize the government's goals which prioritize development aspects.

8) The Indictment of the Public Prosecutor in the Corruption Case of PT AsuransiJiwasraya. Tbk.

9) LPIKP, another Side of the Accountability of the KPK and Anti-Corruption Activist Institutions, Gramedia Pustaka Utama, 2016, Jakarta.

10) KoesoemoTirzaniRizka Cindy, The existence of the Corruption Eradication Commission (KPK) in handling the investigation and prosecution of criminal acts of corruption, published in the Journal of Lex Crimen Volume. VI/Number. 1/Jan-Feb/2017.

11) Setiadi Edi, Enforcement of Criminal Law against Corruption Cases in Creating Clean Government, published in the Pulpit Journal Number. 4th XVI Oct. – Dec. 2000.
Internet:
1) Asrianto Zainal, Law Enforcement of Corruption Crimes by the Attorney General's Office, published in ejournal.iainkendari.ac.id al-izzah article view, accessed on 09 March 2021, at 09:30 WIB.

2) AsniOvier, Attorney General: In order to have a deterrent effect, law enforcement must follow the assets, published inhttps://www.beritasatu.com/nasional/702149/jaksa-agung-agar-ada-hasil-jera-penegakan-hu kumharus-follow-the-asset, accessed on March 21, 2021, at 20:25 WIB

3) Murwiyanto, Effectiveness of the Prosecutor's Office in Eradicating Corruption Crimes and Refunding State Losses Due to Corruption, published in

4) https://dspace.uii.ac.id/bitstream/handle/123456789/9136/TESIS%20MURWIYANTO.pdf?sequence=1&isAllowe d=y, accessed on 01 March 2021.

5) Muhammad Afzal, Effectiveness of Corruption Enforcement in the Aceh High Court Based on Law no. 20 of 2001”, publishedin https://repository.ar-raniry.ac.id/id/eprint/15315/1/Muhammad%20Afzal%2C%20140106038%2C% 20FSH%2C%20IH%2C% 2008216 7420403.pdf, accessed on March 10, 2021, at 14:30 WIB.

6) Central Jakarta District Court, “SIPP - Central Jakarta District Court ,http://sipp.pn-jakartacenter.go.id/index.php/detil_perkara, accessed on March 20, 2021, at 21:30 WIB.

7) Central Jakarta District Court Number: 30/Pid.Sus-TPK/2020/PN.Jkt.Pst dated 22 May 2020, Central Jakarta District Court Number: 32/Pid.Sus-TPK/2020/PN.Jkt.Pst 22 May 2020, Central Jakarta District Court Number: 33/Pid.Sus-TPK/ 2020/PN.Jkt.Pst dated May 22, 2020, and Central Jakarta District Court Number: 34/Pid.Sus TPK/2020/PN.Jkt.Pst May 27, 2020 ;

8) The Attorney General's Team, Speech by the Attorney General at the Opening Ceremony of the 2018 Technical Working Meeting for Special Crimes, was published in https://www.kejaksaan.go.id/pidato.php ?idu=0&id=206& p=8, accessed on March 15, 2021.

9) Tsarina Maharani, Jiwasraya Corruption Case Investigation, AGO confiscates IDR 18.4 Trillion Assets, published in https://national.kompas.com/read/2020/07/02/17221671/investigation-case-korupsi-jiwas Raya-kejagung-sita asset-Rp-184-trillion, accessed on March 17, 2021, at 17:30 WIB

VOLUME 04 ISSUE 07 JULY 2021

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