LAW ENFORCEMENT THROUGH 'LUDRUK' AND CULTURAL ADVANCEMENT (original) (raw)

INITIATING APPLICATION OF SHAMING PUNISHMENT FOR CORRUPTOR AS A LEGAL CULTURAL APPROACH OF LAW ENFORCEMENT SYSTEM IN INDONESIA

The application of the idea of shaming punishment is a certainty in order to restore equality in society as a result of the loss of the state’s financial resources that was corrupted by the criminal perpetrator. The application of this idea is properly carried out considering that corruption as an extraordinary crime nature that factually has gnawed the nation's economy and has spent a lot of energy out of people to fight corruptors. In this paper, it will be questioned two legal issues, namely (1) how the urgency of tackling corruption through the cultural approach to the law? and (2) whether the shaming punishment as a legal culture based ideas can be applied to corruptor? Both the legal issue will be further analyzed using the method of hermeneutics law. The use of this method is done with the consideration that the interpretation of the law is always associated with the substance, because the law has two terms of explicit and implicit, or the sound of the laws and spirit of the law, including in terms of criminal prosecution against the corruptors through the application of the concept of punishment based on the values law institutionalized in the legal culture of society. Such study design is intended to find the ideal model of punishment as an effort to eradicate corruption in the law enforcement system of corruption in Indonesia.The two legal issues have proposed to find the ideal model in efforts to combat corruption in the law enforcement system of corruption in Indonesia. The discovery of the ideal model is urgently needed in view of the model to eradicate corruption that has been applied in Indonesia dominant approach between the legal structure and the substance of the law, and tend to forget the cultural approach of law, while the law enforcement itself takes a holistic approach between the substance, structure and legal culture. Without being supported by a conducive legal culture, surely the law in the framework of the fight against corruption can be realized.

Culture of Abuse of Power in Indonesia from the Perspective of Criminology and Law

International Journal of Criminology and Sociology, 2020

The cultural anatomy of abuse of power in Indonesia from the perspective of criminology and law impacts deviant actions not only in the depressions of power and moral behavior of public officials. In fact, many public officials abuse of power is performed by being corrupt or punished, even by severe law, even the perpetrators of power abuses continue corruption or it can be seen that there is no clear effects for corruptors. However, it is a wrong system in the life of nation and state, when public officials who depart from the people do not have a view of life as a nation and state as they should. Therefore, according to the views and suggestions of the author, this nation and country need to return to a system of joints of the life of the nation and state of Indonesia, that is carrying out the points of practice and appreciation of the precepts of the Pancasila with the truth not just mere rhetoric, because the state ideology of Pancasila has been built since the country was founded by the founding father

Criminal law reform on corruption as a means of overcoming the "culture" of corruption in Indonesia

Royal Publications, 2024

The purpose of writing this article is to analyze the dynamics of the development of the culture of corruption in Indonesia and the efforts to overcome it. For this reason, the approach method is in the form of normative legal studies. Data were collected by reading and studying legal documents. Furthermore, the data were analyzed using qualitative descriptive analysis. The results of the discussion are that corruption has been considered a new "culture" in Indonesia. If the "culture" of corruption is allowed to develop, corruption will become an obstacle to the government's program to improve the welfare of all Indonesian people. To prevent the growth of the "culture" of corruption in Indonesia, the efforts made are: reforming the criminal law on corruption which includes the application of reversed proof, the application of the teaching of the nature of material unlawfulness in a positive function, the accumulation of criminal sanctions and special minimum criminal provisions are aggravated. This is intended so that people feel deterred from committing corruption; however, efforts to reform the law on corruption need to be supported by law enforcement officers who are clean, professional, and have strong moral courage.

The Essence Of The Legal Culture In Achieving The Purpose Of Criminalization For Corruptor

2015

Nowadays, efforts to eradicate corruption become a global problem and not only as a national or regional issues. For a developing country like Indonesia has almost become a condition sine qua non. This research reviews the role of legal culture in formulating the legal awareness of the public in an effort to prevent corruption. This research is a sociolegal research leading to search ontologically. The type of research combines the empirical and normative studies. The outcomes of the research indicate that as an extraordinary crime, corruption cases should be carried out in an extraordinary way. The consequence, it is not only the financial loss of state but a crime that violates the rights of social and economic at large and systemic. Observing the criminal sanctions applicable in the law of corruption linked to the purpose of criminalization against perpetrators of corruption (corruptor), it can be seen that the essence of criminalization is intended as an attempt to eradicate cor...

Transformation of Ludruk Performances: from Political Involvement and State Hegemony to Creative Survival Strategy

This article discusses transformation of ludruk performances, from Soekarno to Reformation era. In discussing the problem, we apply cultural studies perspective. From our analysis, there are three findings related to discursive transformation of ludruk stories. Firstly, in the era of Soekarno, many ludruk groups joined Lembaga Kebudayaan Rakyat (Lekra/Institute of People Culture), which had many ideological similarities with Partai Komunis Indonesia (PKI/Indonesia Communist Party). Consequently, ludruk groups performed some provocative stories that exposed the problems of lower-class people and criticized the Islamic religious belief. Secondly, after the 1965 bloody tragedy, the regional military apparatuses controlled ludruk groups and their performances, including the stories. In this era, ludruk stories supported the New Order regime’s national development programs and raise people consensus on the significance of militarism through some popular stories about people resistances to colonizers. Thirdly, in the Reformation era, some ludruk groups make newer interesting stories about many complicated social problems in contemporary societies. Finally we conclude that mode of transformation through creating newer social problem-based-stories that intertwine with historical condition has a long historical root in ludruk performances. In addition, in the Reformation period in which market capitalism become dominant ideology and practice, such newer stories and breakthroughs of staging may become suitable creative-survival strategy for ludruk groups in the midst of techno-cultural popularity as the dominant taste and orientation in societies.

The Role of Legal Culture in Corruption Eradication Effort (A Comparative Study of Indonesian and Japanese Corruption Crime Handling)

Unram Law Review, 2019

In a comparative study of Eradicating Corruption in Indonesia and Japan appears that law culture plays a significant role. Indonesia has special institution that deals with corruption while Japan does not have it. Nevertheless, cases of corruption in Indonesia are higher than in Japan. This is due to the Indonesian culture of ewuh pakewuh, reluctant, and has two different views in dealing with corruption. On the one hand, Indonesia rejects corruption, but on the other hand, it commits actions that support corruption. Meanwhile, Japan has a strong culture of shame for committing law violations both at the community level and law enforcement officers.

Legal Politics of Corruption Criminal Enforcement In Indonesia

2021

Corruption is the main problem of the deterioration in Indonesia, that corruption acts committed by a few of people resulted in the entire nation must bear the consequences. Corruptive behavior has been a culture since ancient times, before and after independence, in the era of the Old Order, New Order, and continuing to the Reformation era, so that special strategies are needed in it’s eradication. This research is a normative legal research using the statuta and historical approach. Legal politics in the enforcement of corruption in Indonesia by forming several laws and regulations and the movement to eradicate corruption. The improvement is good in the substance of its rules, the eradication movement which is part of the nation's culture, and improvement in its institutional aspects, so that it is expected to be able to eradicate corruption with efficient and effectiveness.

The Essence of Law Enforcement For Corruption In West Sulawesi

2019

This study aims to analyze and explain the laws and regulations in supporting law enforcement of criminal acts of corruption, law enforcement efforts and the factors that influence law enforcement of corruption in West Sulawesi.The research method used is Empirical Law research. The results of this study indicate that: first, a normative juridical instrument that regulates the law enforcement of criminal acts of corruption is adequate, but it requires a firm commitment by law enforcement officials in implementing relevant articles, NGO and community support for law enforcement of corruption and lack of understanding for all law enforcement elements. second, law enforcement efforts for corruption in West Sulawesi consist of Community Participation, Professionalism of Law Enforcement Officials, Political Will of Regional Government and West Sulawesi DPRD Support. Third, the factors that influence law enforcement of corruption in West Sulawesi are legal factors, law enforcement factors...