Syukron Salam | Universitas Negeri Semarang (UNNES) Semarang Indonesia (original) (raw)
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Papers by Syukron Salam
Mimbar Hukum, Jun 20, 2021
Nurani Hukum
The development the doctrine of acts against the law from time to time experience a change. This ... more The development the doctrine of acts against the law from time to time experience a change. This aim is to explore the development of the doctrine of unlawful acts of court decisions that took place in the Netherlands and Indonesia. The doctrine of unlawful acts experienced an expansion of meaning which initially was only narrowly interpreted (Onwetmatige daad) in its development to be broad (onrechtmatige daad). Therefore. The doctrine of Freies Ermeisen and Deuternemen du Puvoir is now the domain of state administrative law so that deviations from the implementation of the doctrine become the authority of the competence of the State Administrative Court.
The lawsuit against the Financial and Development Supervisory Agency (BPKP) carried out by suspec... more The lawsuit against the Financial and Development Supervisory Agency (BPKP) carried out by suspects of corruption is a fairly complicated issue. This problem arises because the BPKP is considered an internal government auditor who does not have the authority to carry out audits about the loss of state finances. The Law only authorizes the calculation of state financial losses to the Supreme Audit Agency (BPK). Unfortunately, the BPKP has issued an audit of calculating state financial losses that are used as the basis for investigators to determine someone as a suspect. Thus, the BPKP is deemed to have committed an unlawful act that caused harm to someone. This claim can be considered as a misdirected claim, because the calculation of state financial losses made by the BPKP is a request from the investigator which in the Criminal Procedure Code (KUHAP) the investigator has the authority to request expert opinion. The BPKP audit in this case is not due to the attributive authority stipulated in the regulations, but the opinion of experts under the Criminal Procedure Code. This lawsuit is also considered a wrong suit because the claim filed is related to the assessment of evidence and the legality of obtaining evidence. In addition to the two issues above, several judges who have won the BPKP argue that there is no legal relationship between the actions of the BPKP and the losses suffered by someone because they were determined as suspects. Unfortunately, the legal considerations given by judges do not adequately describe the concept of causal relations and facts that show that there is no causal relationship. This paper tries to offer the concept of causality in unlawful acts which are usually used by the panel of judges in the common law tradition, namely But-For Test, to answer whether the actions of the BPKP cause harm to someone or not. As a result, even if there is no BPKP action, the investigator can determine someone as a suspect.
Indonesian Journal of Advocacy and Legal Services
Character education is an important element in the effort to prepare superior Indonesian human re... more Character education is an important element in the effort to prepare superior Indonesian human resources, it is of particular concern to be applied especially among students, there is a need for character education because the attitudes and behavior of the people and people of Indonesia now tend to ignore the noble values of Pancasila which are highly respected and should be rooted in everyday attitudes and behaviors, values such as honesty, politeness, togetherness and religious, gradually eroded by foreign cultures that tend to be hedonistic, materialistic, and individualistic, so that the noble character values are ignored in the future if students and young people are not equipped with character education. Law students have their own challenges, especially in the era of globalization. This paper analyzes and illustrates the character strengthening program for law student activists in Semarang State University through several programs, namely public speaking, strengthening ...
Mimbar Hukum, Jun 20, 2021
Nurani Hukum
The development the doctrine of acts against the law from time to time experience a change. This ... more The development the doctrine of acts against the law from time to time experience a change. This aim is to explore the development of the doctrine of unlawful acts of court decisions that took place in the Netherlands and Indonesia. The doctrine of unlawful acts experienced an expansion of meaning which initially was only narrowly interpreted (Onwetmatige daad) in its development to be broad (onrechtmatige daad). Therefore. The doctrine of Freies Ermeisen and Deuternemen du Puvoir is now the domain of state administrative law so that deviations from the implementation of the doctrine become the authority of the competence of the State Administrative Court.
The lawsuit against the Financial and Development Supervisory Agency (BPKP) carried out by suspec... more The lawsuit against the Financial and Development Supervisory Agency (BPKP) carried out by suspects of corruption is a fairly complicated issue. This problem arises because the BPKP is considered an internal government auditor who does not have the authority to carry out audits about the loss of state finances. The Law only authorizes the calculation of state financial losses to the Supreme Audit Agency (BPK). Unfortunately, the BPKP has issued an audit of calculating state financial losses that are used as the basis for investigators to determine someone as a suspect. Thus, the BPKP is deemed to have committed an unlawful act that caused harm to someone. This claim can be considered as a misdirected claim, because the calculation of state financial losses made by the BPKP is a request from the investigator which in the Criminal Procedure Code (KUHAP) the investigator has the authority to request expert opinion. The BPKP audit in this case is not due to the attributive authority stipulated in the regulations, but the opinion of experts under the Criminal Procedure Code. This lawsuit is also considered a wrong suit because the claim filed is related to the assessment of evidence and the legality of obtaining evidence. In addition to the two issues above, several judges who have won the BPKP argue that there is no legal relationship between the actions of the BPKP and the losses suffered by someone because they were determined as suspects. Unfortunately, the legal considerations given by judges do not adequately describe the concept of causal relations and facts that show that there is no causal relationship. This paper tries to offer the concept of causality in unlawful acts which are usually used by the panel of judges in the common law tradition, namely But-For Test, to answer whether the actions of the BPKP cause harm to someone or not. As a result, even if there is no BPKP action, the investigator can determine someone as a suspect.
Indonesian Journal of Advocacy and Legal Services
Character education is an important element in the effort to prepare superior Indonesian human re... more Character education is an important element in the effort to prepare superior Indonesian human resources, it is of particular concern to be applied especially among students, there is a need for character education because the attitudes and behavior of the people and people of Indonesia now tend to ignore the noble values of Pancasila which are highly respected and should be rooted in everyday attitudes and behaviors, values such as honesty, politeness, togetherness and religious, gradually eroded by foreign cultures that tend to be hedonistic, materialistic, and individualistic, so that the noble character values are ignored in the future if students and young people are not equipped with character education. Law students have their own challenges, especially in the era of globalization. This paper analyzes and illustrates the character strengthening program for law student activists in Semarang State University through several programs, namely public speaking, strengthening ...