Pamungkas, Bambang Yugo and , Prof. Dr. Absori, SH., M.Hum and , Prof. Dr. Harun, SH.,M.Hum (2023) Penegakan Hukum Kejahatan Korporasi Partai Politik Dalam Perspektif Hukum Profetik Di Indonesia. Disertasi thesis, Universitas Muhammadiyah Surakarta.
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Abstract
Law enforcement on corruption crimes in Indonesia all the time, there have been several indications/allegations of corruption cases involving members of political parties whose proceeds have flowed to their parties, but no political party has yet been investigated or prosecuted by law enforcement. The aims of this study are (1) to analyze corruption crimes committed by political parties as corporations; (2) to analyze law enforcement against corporate political parties that commit acts of corruption; and (3) to find the ideal concept of law enforcement on corporate corruption crimes of political parties from the perspective of prophetic law in Indonesia. The research method used is normative legal research which is supported by the results of interviews based on case studies with statutory, conceptual and case approaches. Primary data collection techniques were carried out through interviews, observation and field notes while secondary and tertiary data collection techniques used library research. Data analysis used qualitative descriptive analysis techniques and juridical analysis. This data analysis was carried out during the research process. The results of the study show that (1) Corruption crimes committed by political parties as corporations have so far only been able to ensnare members of political parties who commit acts of corruption but until now there have been no sanctions against political parties even though they actually fulfill elements of corruption; (2) Law enforcement against corporate political parties that commit acts of corruption can take the form of imposing criminal sanctions in the form of fines; announcement of the judge's decision; suspension of part or all of political party business activities; revocation of political party operational permits; dissolution and/or prohibition of political parties; confiscation of political party assets for the state, and/or taking political parties by the state; and (3) The ideal concept of law enforcement against corporate political parties that commit acts of corruption in Indonesia from a transcendental legal perspective in the future is repressive by imposing criminal sanctions. Preventive law enforcement using prophetic law instruments. State officials are required to apply prophetic leadership, namely leadership that imitates the leadership of the Prophet Muhammad SAW. If state leaders who come from political parties practice prophetic leadership, then corruption in Indonesia can be prevented and eradicated. Efforts to recover state losses. Prosecutors as State Lawyers can sue through the local District Court against perpetrators/suspects of corruption. Political parties that are domiciled as corporations can be included in lawsuits as defendants because political parties should be suspected of receiving flows of funds resulting from corruption from their members who commit acts of corruption.
| Item Type: | Thesis (Disertasi) |
|---|---|
| Uncontrolled Keywords: | Law Enforcement, Political Parties, Corporations, Corruption, Prophetic Law. |
| Subjects: | K Law > KI Indonesia Law |
| Divisions: | Fakultas Pasca Sarjana > Program Doktor (S3) Ilmu Hukum |
| Depositing User: | Ari Fatmawati |
| Date Deposited: | 14 Dec 2023 01:53 |
| Last Modified: | 14 Dec 2023 01:53 |
| URI: | http://eprints.ums.ac.id/id/eprint/119069 |
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