Indonesian Journal of Criminal Law and Criminology (IJCLC)

Audit Sosial Dalam Pencegahan Korupsi PBJ pada Sektor Kontruksi di Indonesia

2025-01-09T11:07:18+07:00

Corruption in the procurement of goods and services (PBJ) in the Indonesian construction sector is the second largest corruption case after bribery in Indonesia. This corruption is carried out by involving the government and private contractors, thus damaging the quality of infrastructure and misusing public funds. Many studies have discussed corruption in PBJ, none have specifically highlighted the relationship between contractor compliance, the role of the community, and the effectiveness of social audits. This study uses a socio-legal method with a political economy of law approach to determine contractor compliance and the role of the community in preventing corruption in PBJ in the Indonesian construction sector, as well as the effectiveness of social audits in preventing corruption in the construction sector. The results show that contractor compliance with procurement regulations reduces the potential for corruption in construction projects. Community participation in public monitoring is important to detect violations. Social audits are effective in increasing transparency and accountability, but require government support and access to information. Collaboration between the community and the government is crucial to improving the accountability of construction projects and building public trust. This collaboration allows the community to be involved in the oversight process and ensure that projects are implemented in accordance with applicable regulations. With community involvement, potential violations can be detected early, so that preventive measures can be taken before the problem develops into corruption

Kata kunci: Audit Sosial; Korupsi; PBJ; Kontruksi

Abstract

Corruption in the Piggyback (PGB) in the Indonesian construction sector involves the government and private contractors, which damages the quality of infrastructure and misuses public funds. As of September 2024, the KPK recorded 1,639 corruption cases, with 394 occurring in the PBJ sector, making it the second-largest corruption sector after bribery. Satria Unggul W.P Satria Unggul W.P (2023) stated that PGB is prone to corruption because it is related to the state budget, while Cesar Rengganis (2021) highlighted its negative impact on infrastructure. Social audits are considered effective in increasing transparency and accountability, as expressed by Satria Unggul W.P. (2023). Marten Bunga (2019) and Steven Ferico (2020) emphasize the importance of public awareness of corruption. This study found that although many studies discuss corruption in PGB, none have specifically highlighted the relationship between contractor compliance, community roles, and the effectiveness of social audits. This study formulated two main problems: 1) how is contractor compliance and the role of the community in preventing PGB corruption in the Indonesian construction sector? 2) how effective is social audit in preventing corruption in the construction sector? The socio-legal method and the political economy of law approach help us understand PGB corruption and the factors that influence the effectiveness of social audits in preventing it. The results of the study show that contractors' compliance with the regulations on the procurement of goods and services (PBJ) reduces the potential for corruption in construction projects. Public participation in public monitoring is important to detect violations. Social audits are effective in increasing transparency and accountability, but they require government support and access to information. Collaboration between the community and the government is essential to increase the accountability of construction projects and build public trust. This collaboration allows the community to be involved in the monitoring process and ensure that the project is implemented in accordance with applicable regulations. With community involvement, potential violations can be detected early, so preventive measures can be taken before the problem develops into corruption.

Keywords: Social Audit; Corruption; PGB; Construction

Implementasi Penelitian Kemasyarakatan sebagai Pertimbangan Putusan Hakim dalam Perkara Anak yang Berkonflik Dengan Hukum

2025-04-18T14:56:43+07:00

Community research is an instrument in the juvenile justice system used to provide a comprehensive overview of the social, psychological, and family conditions of children involved in criminal acts. This study examines the extent to which community research results influence judges' decisions in imposing sanctions or rehabilitation on children in conflict with the law. This research was conducted using an empirical juridical method that examines approaches to legal studies and phenomena occurring in Merauke Regency. The data obtained were then processed into primary and secondary data. The results indicate that although community research provides invaluable information in determining more rehabilitative decisions, there are challenges in terms of limited time and available resources, which can affect the quality of the research results. This study recommends improvements in the process of implementing community research and increasing the time allotted to obtain more accurate results that are appropriate to the needs of children. Furthermore, the study emphasizes that decisions made by judges can provide better recovery and rehabilitation for children

Analisa Yuridis Penegakan Hukum Tindak Pidana Perjudian Online

2025-03-29T16:31:24+07:00

The phenomenon of online gambling has become increasingly widespread in recent times and has brought many negative impacts that affect all aspects of life. This cannot be separated from the development of technology and information so that it brings convenience and changes to the nature of gambling crimes that were previously carried out conventionally, traditionally, to become more modern and sophisticated. This research is a type of normative legal research using a statute approach, a conceptual approach, and a case approach. The results of this study indicate that the enforcement of online gambling crimes based on the three Decisions of the Mataram District Court, namely Decision Number: 417 / Pid.B / 2023 / PN Mataram, Decision Number: 357 / Pid.B / 2023 / PN Mataram, and Decision Number 363 / Pid.B / 2024 / PN Mataram, it is known that all three are based on the provisions of Article 303 paragraph (1) 1 of the Criminal Code and Article 303 paragraph (1) 2 of the Criminal Code. Should refer to the principle of lex specialis then the law enforcement of online fraud crimes can be applied Article 27 paragraph (2) of the ITE Law which is more fulfilling and in accordance with the trial facts contained in the three Decisions at the Mataram District Court

Kesiapan Lembaga Pelaksana dan Bentuk Implementasi Pidana Kerja Sosial di Provinsi Daerah Istimewa Yogyakarta

2025-02-19T00:10:42+07:00

The main punishment mentioned in Law Number 1 Year 2023 on the Criminal Code consists of imprisonment, closure, supervision, fine and community service. The renewal of the types of basic punishment, in this case social work punishment, certainly requires institutional readiness in its implementation and supervision. In this study, the researcher will examine how the concept of the implementation of social work punishment in Criminal Law Reform in Indonesia and how the challenges of implementing agencies in the framework of implementing social work punishment as a form of punishment in national criminal law reform. The research method used in this research is Normative Empirical. The research concludes that the form of social work punishment in Law Number 1 Year 2023 on the Criminal Code is by means of criminal offenders being required to carry out work or social activities that are beneficial to the community within a certain period of time. The challenges that will be faced by the government in relation to the implementation of social work punishment mainly lie in the unavailability of facilities and infrastructure and the lack of coordination between institutions implementing social work punishment. In addition, the difficulty also lies in the fact that the Government Regulation has not been ratified as an implementing regulation regarding social work punishment, so that the institutions implementing social work punishment cannot be sure of the concept and form of implementation of social work sanctions.

Can Indonesia's Digital Banks Combat PEPs and Financial Crimes?

2025-02-26T11:54:00+07:00

This article examines the impact of advanced technologies on enhancing due diligence for Politically Exposed Persons (PEPs) within Indonesia's digital banking sector. With the rapid growth of digital banking, there is a pressing need to address the heightened risks associated with PEPs, including potential corruption and money laundering. The study explores the challenges posed by traditional due diligence methods in the face of evolving financial technologies like artificial intelligence (AI) and machine learning (ML), which offer innovative solutions to improve compliance and risk management. It emphasizes the importance of robust regulatory frameworks designed to safeguard the financial system, while also highlighting the operational realities faced by digital banks in adhering to these regulations. The research employs qualitative analysis to investigate how technology can streamline compliance processes, enhance customer due diligence (CDD), and facilitate the identification and monitoring of high-risk clients. Additionally, it discusses the implications of these technological advancements for both regulatory compliance and overall financial security in Indonesia. By focusing on the intersection of technology, regulation, and compliance challenges, this study underscores the critical role of digital banking in mitigating financial crime risks associated with PEPs in an increasingly complex financial landscape.

Pencegahan Pembunuhan-Bunuh Diri Oleh Keluarga: Tinjauan Teori Sosio-Kriminologi

2024-11-28T12:18:13+07:00

The phenomenon of family murder-suicides presents a paradox. In various studies, the family is viewed as a support system for suicide prevention, yet in these cases, family members are encouraged to end their lives together. This research focuses on the question, "What does socio-criminology offer in preventing family murder-suicides?" The study employs a literature review method on two cases to illustrate the issues at hand. The findings attempt to offer prevention strategies through the connection between lifestyle, routine activities of the perpetrators, and suicide or murder acts. The influence of unstructured socialization can increase the likelihood of family murder-suicides. The research also suggests the structure of communities and families to prevent other factors that drive suicide or murder in the cases reviewed in this study. Additionally, this study recommends three prevention programs based on socio-criminological theories