The Role Of The Lampung Provincial Financial Audit Agency In Determining State Losses

2020 ◽  
Vol 1 (2) ◽  
pp. 65
Author(s):  
Aditya Bardawansyah

The Supreme Audit Agency is the institution that has the authority to calculate and determine state losses, but in its implementation, there are still requests for calculating state financial losses that have not been implemented. This study uses a normative juridical approach. Then it is analyzed qualitatively so that the results are obtained: First, the BPK-RI Representatives of Lampung Province have been given the trust by law enforcement officials to calculate and determine state losses, and the State Financial Loss Calculation Result Report submitted by BPK-RI is used as evidence in court as evidence regarding there is a state loss. Second, the methods used by BPK-RI in calculating state financial losses are by using several methods, namely the apple to apple comparison method, the production cost method, the comparison method between the contract value and the market price, the total loss, and the real cost method. The method used by BPK-RI Representatives of Lampung Province in calculating state losses is by using the simple cost method. This method is used by calculating the difference between the funds spent by the state to obtain goods/services from third parties, compared to the value of real expenditures incurred by the implementing party to provide goods/services to the state according to the agreed 

Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 212
Author(s):  
Arief Sultony

Job Creation Law has removed Article 13 paragraph (5) and Article 15 paragraph (4) of General Provision and Tax Procedures (KUP) Law. The absence of these articles may result in state financial loss recovery in taxation cannot be recovered. This research will identify how the regulation on the execution of tax fines related to the recovery of state financial loss before Job Creation Law was enacted and the consequences of Job Creation Law implementation on state financial losses recovery caused by tax crime. By applying the normative legal method, this research will propose the solution to the problem. The findings indicate that the KUP Law does not specifically regulate the execution of fines, so that there is a possibility that the fines will not be paid. However, based on Article 13 paragraph (5) and Article 15 paragraph (4) of the KUP Law, the state financial loss recovery can be imposed through tax assessment after court decision has permanent legal force. The elimination of these articles by Job Creation Law has the risk that the state financial losses cannot be recovered. Therefore, regulation in tax criminal fines execution is urgently required so that state financial losses can be recovered.


2018 ◽  
Vol 1 (2) ◽  
pp. 52-60
Author(s):  
Tri Budi Haryoko

This writing aims to discuss the implementation of the duties and functions of  management of confiscated objects and booty of the state in the Class I Semarang  Sitemap Storage House. One of the core business of the implementation of the  RUPBASAN duties and functions is the function of saving the confiscated objects of the  state that have been mandated in. This paper will see if there is a gap gap when the  function of rescuing confiscated objects mandated by Law No. 8 of 1981 concerning the  Book of Law on Criminal Procedure (KUHAP) and Government Regulation Number 27 of  1983 concerning the Implementation of the Criminal Procedure Code can work well with  support and commitment. related law enforcement officials. It was also explained that  the storage of confiscated objects and booty of the State in the RUPBASAN aims to  guarantee the protection of the safety and security of confiscated objects for the  purposes of evidence at the level of investigation, prosecution, and examination in court  as well as objects which are otherwise confiscated for the state based on court decisions  which has permanent legal force.This paper uses a qualitative approach. The results of  the discussion indicate that the implementation of confiscated objects in RUPBASAN is in  accordance with the KUHAP mandate. But in its implementation these tasks and  functions have not been optimally supported both from internal institutions and related  law enforcement institutions. 


Lentera Hukum ◽  
2021 ◽  
Vol 8 (1) ◽  
pp. 95
Author(s):  
I Made Gemet Dananjaya Suta ◽  
I Gusti Agung Mas Prabandari ◽  
Ni Luh Gede Astariyani

One of the main elements in corruption is the loss of state finances. It results in confusion impacting law enforcement officials' performance in eradicating corruption. In Indonesia, the Supreme Audit Agency (BPK) is an institution authorized to assess state financial losses. In practice, the Financial and Development Supervisory Agency (BPKP) is another institution with similar power. This study analyzed which institutions have the more appropriate power in determining state financial losses in corruption. Using legal research with statutory and conceptual approaches, this study showed that the BPK is an institution granted the constitutional power to examine state finances' management and responsibility, asserting its more legitimate institution to handle the power to assess the financial losses. Consequently, the BPK is the only state institution that can determine state financial losses. At the same time, the BPKP is only authorized to assess or audit the calculation of state financial losses as an indication of irregularities detrimental to state finances. This study concluded that only the BPK can assess and determine state financial losses used in examining the alleged corruption before the court. KEYWORDS: Institutional Powers, Financial Audit Institution, Corruption.


2020 ◽  
Vol 4 (46) ◽  
pp. 305-311
Author(s):  
A. Y. Derlytsia ◽  

The method of the public finance theory is understood as a set of the following components: initial positions and worldviews; specific research methods; and the ways to verify the results. The initial assumptions and worldviews of the Western public finance theory, modern Ukrainian public finance theory and its Soviet predecessor are compared. The difference of approaches within these theories concerning worldview is revealed, namely: their conceptual and philosophical basis (materialism / idealism); traditions of using the historical method; the role of the base and superstructure in financial science; focus on value / utility in studies dealing with the nature of fiscal phenomena; differences in interpreting the basic unit of analysis (individual, group, or class); the organic / mechanistic concepts of state used; explanation of the nature of the interaction between the basic units of analysis; attitude to the positive / normative approach. The methodological orientation of the Western financial thought on methodological individualism; that of the Soviet state finance theory on methodological holism, and the lack of precision in these issues of Ukraine’s modern financial science are mentioned. The author refers to the negative trend in assessing fiscal phenomena in Ukraine from the standpoint of state-centrism and the interests and needs of the state, which arises precisely on the basis of the holistic methodological attitudes and the predominance of the organic view of the state. It is shown that modern domestic financial science is still in transition. Due to its worldview, it is a theory of state finance (financial resources of the state), while the Western science is a theory of public finance (public funds, belonging to the society as a whole). The paper outlines the guidelines for further transforming the methodological foundations of financial science in Ukraine.


Author(s):  
I Gede Artha ◽  
Ni Nengah Adiyaryani

This research is about the role of the Prosecutor as an executor in executing the assets of the convicts of corruption, to recover the State financial losses from corruption. Besides that, this research aims to know about the returning of State financial losses through the payment of replacement money. Corruption is an extraordinary crime, veiled and endanger national stability and security and inhibiting Indonesian economic development. This research is a normative legal research with primary, secondary and tertiary legal material supported by data. This research is using statutory, case, and comparative approaches. The legal basis used in this research are Law No. 31 of 1999 in conjunction with Law No. 20 of 2001, Law No. 16 of 2004 and Law No. 8 of 1981 (Indonesian Criminal Procedural Code). The corruption has become systematic and the scope enters into all aspect of life, start with the lower level with State Officers and law enforcers becomes the dominant actors. In imposing the sanction, The Judges are not only charge imprisonment but also charge additional fines and/or penalties to returning the State financial losses and ask the convicts of corruption to pay the replacement money to the State. The problem arises in this research related to the execution of the verdict about returning State financial losses which are the assets of the convicted person is already in the third party hands or have been depleted, dual population administration, the length of the judicial process, the convicted person prefers to take the subsidiary criminal charge and the hollow of norm regarding technical execution for the Prosecutors so that the execution cannot be carried out.


Author(s):  
Ali Muhayatsyah ◽  
Ali Muhayatsyah

Al-Ghazali's views on economy and business are not limited to philosophical plains, but are a combination of real conditions that occur in society with philosophical values, accompanied by logical arguments. Al-Ghazali in his thoughts about business economics is based on the Sufism approach which he wrote in his book Ihya 'Ulum al-Din. As a matter of fact, there are still many practices of tadlis (unknown to one party), namely violating the principle of “an taraddin minkum”. The practice of tadlis occurs because of four things, namely quantity reduction of the scale; quality, namely the concealment of object defects; price engineering takes advantage of market price ignorance; uncertainty of delivery time, namely the seller does not know for sure the goods will be delivered to the buyer. In addition, we often encounter market engineering practices. Al-Ghazali paid considerable attention to economic and business activities in society, including the utility hierarchy and its characteristics in the corridor of social obligations to social welfare (maslahah). In addition, al-Ghazali views the ultimate goal is salvation. Work is part of worship is evidence of the work ethic created through extrarelgious efforts. That the intention of someone's behavior in accordance with Divine rules in every economic activity can be of worship value. Al-Ghazali has a view of market ethics that emphasizes truth and honesty, which can be applied to market evolution and the role of money based on the ethics and morals of the perpetrators. Al-Ghazali argued that the state must create security conditions to enhance prosperity and economic development. The existence of state institutions, to monitor adverse market practices. Al-Ghazali stated that trade activities are essential to the functionalization of the economy, the need for secure and safe trade routes, and the state should provide protection so that markets can expand and the economy can grow.   Keywords: Islamic Business Ethics, Maslahah, Work Ethics.     Abstrak Pandangan al-Ghazali mengenai ekonomi dan bisnis tidak terbatas pada dataran filosofis, melainkan perpaduan antara kondisi riil yang terjadi dalam masyarakat dengan nilai-nilai filosofis, disertai argumen yang logis. Al-Ghazali dalam pemikirannya seputar ekonomi bisnis didasarkan pada pendekatan tasawuf yang beliau tuangkan dalam karyanya kitab Ihya ’Ulum al-Din. Sebagaimana fakta yang terjadi praktek bisnis masih banyak terjadi praktek tadlis (unknown to one party) yaitu melanggar prinsip “an taraddin minkum”. Praktek tadlis terjadi karena empat hal, kuantitas yaitu pengurangan timbangan; kualitas yaitu penyembunyian kecacatan obyek; rekayasa harga memanfaatkan ketidaktahuan harga pasar; ketidakpastian waktu penyerahan yaitu penjual tidak mengetahui secara pasti barang akan diserahkan kepada pembeli. Selain itu juga sering kita jumpai praktek rekayasa pasar. Al-Ghazali memberikan perhatian yang cukup besar terhadap aktivitas ekonomi dan bisnis dalam masyarakat, termasuk hierarki utilitas dan karakteristiknya dalam koridor kewajiban sosial terhadap kesejahteraan sosial (maslahah). Selain itu al-Ghazali memandang tujuan akhir adalah keselamatan. Bekerja merupakan bagian dari ibadah merupakan bukti etos kerja yang diciptakan melalui upaya ekstrarelgius. Bahwa niat perilaku seseorang yang sesuai dengan aturan Ilahi dalam setiap aktivitas ekonomi dapat bernilai Ibadah. Al-Ghazali mempunyai pandangan tentang etika pasar yang menitikberatkan pada kebenaran dan kejujuran, yang dapat diaplikasikan pada evolusi pasar dan peranan uang berdasarkan etika dan moral para pelakunya. Al-Ghazali berpendapat negara harus menciptakan kondisi keamanan untuk meningkatkan kemakmuran dan pembangunan ekonomi. Eksistensi kelembagaan negara, untuk mengawasi praktek-praktek pasar yang merugikan. Al-Ghazali menyatakan bahwa kegiatan perdagangan merupakan hal yang esensial terhadap fungsionalisasi perekonomian, perlunya rute perdagangan yang terjamin dan aman, serta negara seharusnya memberikan perlindungan, sehingga pasar dapat meluas dan ekonomi dapat tumbuh.   Kata kunci: Etika Bisnis Islam, Maslahah, Etos Kerja.


2017 ◽  
Vol 6 (2) ◽  
Author(s):  
Rustam Rustam

Kerugian keuangan negara yang ditimbulkan akibat tindak pidana korupsi sungguh luar biasa. Bagaimana keuangan negara yang seharusnya digunakan untuk mensejahterakan rakyatnya, ternyata telah diselewengkan oleh sebagian orang yang tak bertanggungjawab untuk menambah kekayaannya. Metode penelitian ini dilakukan adalah deskriptif yaitu cara penelitian yang menggambarkan secara lengkap dan jelas tentang persoalan yang diteliti dengan pendekatan yuridis sosiologi terhadap penerapan hukum di lapangan oleh penegak hukum. data diperoleh dari dat primer dan data sekunder melalui penelitian lapangan dan penelitian kepustakaan. Hasil penelitian menunjukan bahwa: a) Pelaksanaan pengembalian kerugian keuangan negara di Kejaksaan Tinggi Sumatera Barat lebih cenderung untuk menunggu putusan hakim yang telah berkekuatan hukum tetap, itupun tidak berhasil dilakukan secara maksimal dikarenakan lemahnya sumberdaya manusia dan lemahnya hukum yang berkaitan dengan pengembalian kerugian keuangan negara, b) hambatan dalam pengembalian kerugian keuangan negara antara lain adanya perlawanan dari pihak keluarga tersangka, terpidana tidak sanggup membayar kerugian keuangan negara sebagaimana yang telah disebutkan dalam putusan hakim, dan terpidana meninggal dunia.Kata Kunci : Asset Recovery, Korupsi AbstractThe state financial losses incurred by corruption were extraordinary. How the state finances that should be used for the prosperity of its people, it had been distorted by some people who were not responsible for adding their wealth. The method of this research was descriptive which described completely and clearly about the problem under study with approach of sociology juridical to law enforcement in field by law enforcer. data were obtained from primary data and secondary data through field research and library research. The result of the research shows that: a) The implementation of state financial loss recovery in High Court of West Sumatera is more likely to await the verdict of judge which has a permanent legal force, and even then cannot be done maximally due to weakness of human resources and weakness of law relating to state financial loss return, b) obstacles in the state financial loss recovery was the existence of resistance from the suspect's family, the convicted person can not afford to pay the state financial loss as mentioned in the judge's decision, and the convicted person died. Keywords: Asset Recovery, Corruption


2005 ◽  
Vol 37 (1) ◽  
pp. 141-172 ◽  
Author(s):  
JAMIE ELIZABETH JACOBS ◽  
MARTÍN MALDONADO

Among the many consequences of globalisation is the creation of new political spaces. As these emerge, new or redefined power relationships accompany the process. In the course of creating transnational relationships, citizenship, representation and the role of the stakeholders may be redefined. This article focuses on the case of Argentina and on the role of civil society orgnisations (CSOs) in the process of political integration. The relationship between the state and civil society has sparked a debate about the core status of the political system as the third sector assumes roles traditionally belonging exclusively to the state. This raises issues regarding the difference between rights and services, the sources of legitimacy and efforts to enhance accountability, among others. The existing and potential channels of regional cooperation in the context of Mercosur illustrate the interplay between domestic, regional and global norms and institutions. This article emphasises the role of organised civil society in providing sense and meaning in the formation and awareness of supranational concerns, but is sceptical about its possibilities of providing and guaranteeing rights, tasks that still remain in the sphere of the state.


2021 ◽  
pp. 156-172
Author(s):  
Elena V. Aleksandrova ◽  

The article examines typological intersections between the early works of Leo Tolstoy and the works of the 1850s of Egor Kovalevsky. The theme “Egor Kovalevsky and Leo Tolstoy” has not been studied comprehensively and systematically in Russian literary criticism. The research develops from the history of personal relationships between the writers during the Danube Campaign and the Sevastopol events to a comparative study of the writers’ works created during the Crimean Campaign. Tolstoy’s “Sevastopol in December” and in Kovalevsky’s “The Bombing of Sevastopol” reflected the similarities in the authors’ concepts, themes and images. The article justifies that the central theme developed in the writers’ oeuvre was a person and their role in history. Similarities and differences in the portrayal of the heroic events of the defense of Sevastopol by the writers are considered. Kovalevsky’s essay and Tolstoy’s first story are closely linked by one idea – the sense of civic exaltation, national identity. In describing the Russian soldier, his character, the heroism of the defenders of Sevastopol, the writers follow the “truth of life”. Kovalevsky captures the names of the direct participants in the war. With one detail or episode of the last minutes of their lives, Kovalevsky draws the reader’s attention to the “ordinary heroes” of Sevastopol, emphasizing the importance of their individual feat. Tolstoy’s heroes, on the contrary, are nameless: it is the general mood of the defenders of Sevastopol that is important for the writer. There are common features in the narrative manner of the two writers: ways of depicting heroes, accuracy and imagery of landscape sketches. A few strokes and precise details convey the state of Sevastopol. The mood associated with the state of the city is emphasized by the details of the landscape. The similarity in describing the heroes’ and the narrator’s psychology is expressed through the image of fog. The features of the authors’ creative manner and the role of the narrator are analyzed. There is an obvious difference in the creative methods of Kovalevsky and Tolstoy. Describing real details with historical accuracy, Kovalevsky paints a romantic picture with bright “strokes”. Kovalevsky uses concrete real details most often as a way to emphasize a bright feature he has noted in life, while Tolstoy seeks to show (highlight) the quality of life rather than its specific feature. The difference between Kovalevsky’s essay and Tolstoy’s story is also in the assessment of the historical event. Describing the bombing of Sevastopol as a historian, Kovalevsky does not abandon moral and political generalizations. Thus, the manner of narration and the ways of depicting heroes testify that both Tolstoy and Kovalevsky solve one problem with different artistic means – to truthfully portray the reality and the person as the “center of history”. In search of a true depiction of Sevastopol, Kovalevsky, a historian and romantic writer, moved towards realism embodied in Leo Tolstoy’s story.


2020 ◽  
Vol 8 (3) ◽  
Author(s):  
Firmansyah Firmansyah ◽  
Topo Santoso ◽  
Febrian Febrian ◽  
Nashriana Nashriana

State financial loss is one of the elements of the criminal act of corruption in Article 2 paragraph (1) and Article 3 of Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 concerning the Eradication of Corruption Crime. The formulation of the element of detrimental to state finances in the two articles at the level of evidence still raises various obstacles because it is an obscure norm and is multi-interpretative in nature. The results of the research show that proving that the element of detrimental to state finances in the criminal act of corruption is still understood as a formal crime so that the proof is sufficient by fulfilling the act and there is no need for consequences, whether potential loss of state finances or actual loss, the perpetrator can be convicted. After the Constitutional Court through its decision Number 25/PUU-XIV/2016 stated that the word "can" in Article 2 paragraph (1) and Article 3 is unconstitutional and has fundamentally changed the qualification of corruption to become a material crime, but in its application there are different views of law enforcement officials in proving that the element is detrimental to state finances, giving rise to legal uncertainty. In the upcoming reform of the criminal law of corruption, a more appropriate model of proof is to use the concept of state financial loss in the sense of material crime. Through this concept, a new act can be seen as fulfilling the elements of a corruption crime on the condition that there must be an effect that the state loss is real and occurs (actual loss). The concept of proving state financial losses in a material sense ensures fair legal certainty. Keywords  : Reconstruction, Evidence, State Financial Losses, Corruption Crime.


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