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Corruption: Is it a Moral Issue or a Legal Issue? 腐败:是道德问题还是法律问题?
Corruptio Pub Date : 2024-07-23 DOI: 10.25041/corruptio.v5i1.3473
Muhamad Pelengkahu
{"title":"Corruption: Is it a Moral Issue or a Legal Issue?","authors":"Muhamad Pelengkahu","doi":"10.25041/corruptio.v5i1.3473","DOIUrl":"https://doi.org/10.25041/corruptio.v5i1.3473","url":null,"abstract":"The objective of this research is to examine the discourse surrounding corruption, with a particular focus on whether it is perceived as a legal issue or a moral issue. This research was conducted in response to the shortcomings of scholars' analysis in discussing the issue of corruption. Furthermore, in light of the considerable number of corruption cases globally, particularly in Indonesia, it is imperative that the government and relevant stakeholders reframe corruption as a national concern. This research is a descriptive qualitative study, employing data collection techniques through literature studies and analysis using deductive syllogism tools. The research concluded that corruption has become a social disease that continues to spread from upstream to downstream of human life. Currently, corruption is only focused on legal reform, whereas the root or heart of corruption is morality. Corruption is a moral issue, not a legal issue; therefore, it must be addressed through a moral, ethical, and transcendental approach.","PeriodicalId":511549,"journal":{"name":"Corruptio","volume":"102 18","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141812182","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Cultural Constraints in the Eradication of Corruption in Indonesia 印度尼西亚根除腐败的文化制约因素
Corruptio Pub Date : 2024-05-13 DOI: 10.25041/corruptio.v5i1.3350
Erdianto Effendi, Heni Susanti
{"title":"Cultural Constraints in the Eradication of Corruption in Indonesia","authors":"Erdianto Effendi, Heni Susanti","doi":"10.25041/corruptio.v5i1.3350","DOIUrl":"https://doi.org/10.25041/corruptio.v5i1.3350","url":null,"abstract":"Corruption is the enemy of mankind around the world. The eradication of corruption in Indonesia today is increasing if you look at the quantity. However, the massive efforts to eradicate corruption in Indonesia seem to have not been successful because corruption continues to occur. The problem can be formulated in this article, namely: Is culture an obstacle to efforts to eradicate corruption in Indonesia. Using a normative juridical research approach, it was found that one of the obstacles to the eradication of corruption is a cultural obstacle where corruption actors who are political figures and community leaders are often regarded as good people who must be defended. The main problem is that the culture that was originally considered noble by the community is misused in practice as a means of facilitating corruption.","PeriodicalId":511549,"journal":{"name":"Corruptio","volume":"72 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140983087","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Disclaimer of Political Rights As An Effort to Eradicate Corruption 政治权利免责声明作为根除腐败的努力
Corruptio Pub Date : 2024-05-08 DOI: 10.25041/corruptio.v5i1.3263
Henny Yuningsih, Nashriana Nashriana, Indah Febriani, Iza Rumesten
{"title":"Disclaimer of Political Rights As An Effort to Eradicate Corruption","authors":"Henny Yuningsih, Nashriana Nashriana, Indah Febriani, Iza Rumesten","doi":"10.25041/corruptio.v5i1.3263","DOIUrl":"https://doi.org/10.25041/corruptio.v5i1.3263","url":null,"abstract":"Corruption is an extraordinary crime, so extraordinary methods are also needed to prevent and eradicate this crime. The imposition of serious crimes is one of the ways needed to eradicate them, then new punitive breakthroughs are also needed in order to provide a sense of deterrence and fear to both the perpetrators and the community. Several cases that have been decided during the trial of corruption at the first level, among others, are on behalf of the accused, Inspector General. Djoko Susilo in the corruption case of the procurement of a driving license (SIM) simulator tool, the KPK Public Prosecutor demanded additional crimes of revoking the right to vote and vote in general elections and public office (political rights), and the panel of judges granted the demands at the appeal level. This additional punishment is regulated in article 35 of the Criminal Code in conjunction with article 18 paragraph (1) of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning Corruption. This research uses normative legal research methods, supported by primary, secondary and tertiary legal sources. With descriptive qualitative analysis.The problem with this additional punishment for depriving political rights is how to apply this additional punishment for depriving political rights in the prevention and eradication of corruption, because of course the KPK has strong reasons why this additional punishment is included as a punishment for perpetrators of corruption.","PeriodicalId":511549,"journal":{"name":"Corruptio","volume":" 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140998781","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Supervision of Non-Profit Organizations (NPO) On Potential Criminal Acts of Money Laundering and Terrorist Financing 对非营利组织(NPO)潜在洗钱和资助恐怖主义犯罪行为的监督
Corruptio Pub Date : 2024-05-07 DOI: 10.25041/corruptio.v5i1.3310
Fuad Hasan
{"title":"Supervision of Non-Profit Organizations (NPO) On Potential Criminal Acts of Money Laundering and Terrorist Financing","authors":"Fuad Hasan","doi":"10.25041/corruptio.v5i1.3310","DOIUrl":"https://doi.org/10.25041/corruptio.v5i1.3310","url":null,"abstract":"The biggest challenge for NPOs is how the purpose of the NPO, to serve the community, can be run by legal corridors and not be used as a medium for money laundering for criminals or terrorism funding. Supervision of NPOs has a very important purpose in the context of preventing terrorism financing and also in the context of preventing money laundering. Therefore, the identification of donor recipients or beneficiaries for NPOs needs to be analyzed by looking at the existing regulatory framework, and whether the regulatory framework can effectively prevent money laundering and terrorism financing. This paper aims to discuss the supervision mechanism of NPOs in mitigating money laundering and terrorism financing, as well as the liability of NPOs if used as a medium for Money Laundering or Terrorist Financing. The research in this paper is Normative Research with Explanatory Descriptive Research Typology. The data analysis technique that the author uses is data analysis with a qualitative approach. Based on the research conducted by the author, it can be concluded that to prevent NPO funding from being misused for money laundering or terrorist financing, by way of supervision of the transaction flow of Mass Organizations as customers by the financial service provider through the identification and verification of donors and recipients or beneficial owner of NPO, and by the risk-based supervision of NPOs conducted by the Ministry that has authority to allow the establishment of NPOs through educating, monitoring and evaluation.","PeriodicalId":511549,"journal":{"name":"Corruptio","volume":"24 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141005106","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Analysis The Integration of The Criminal Justice System in Handling Corruption 分析刑事司法系统在处理腐败问题中的作用
Corruptio Pub Date : 2024-05-03 DOI: 10.25041/corruptio.v5i1.3336
Nabilla Callosa Husin
{"title":"Analysis The Integration of The Criminal Justice System in Handling Corruption","authors":"Nabilla Callosa Husin","doi":"10.25041/corruptio.v5i1.3336","DOIUrl":"https://doi.org/10.25041/corruptio.v5i1.3336","url":null,"abstract":"Corruption as a serious crime has detrimental effects on the state and society. One of the solutions to overcome corruption is by implementing an integrated criminal justice system that involves law enforcement agencies, such as the police, prosecutors and judges. Enforcement of the criminal justice system must be based on the KUHAP as the mouthpiece of the law for the Police and Prosecutor, meanwhile, the KPK is not only based on the KUHAP but also on Law Number 19 of 2019 jo. Law Number 30 of 2002 on The Corruption Eradication Commission (KPK). The synergy that is expected in the context of overcoming criminal acts of corruption in the context of the criminal justice system turns out to still contain law enforcement problems in it, such as the substance of the law, overlapping authority, independence, weak coordination, human resources, and the lack of optimality of the special criminal justice system.","PeriodicalId":511549,"journal":{"name":"Corruptio","volume":"1 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141017036","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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