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A. Underlying Background
Along with the development of the era, corruption is considered as one form
detrimental to state finance or the state economy and hamper national development
and become one of the biggest problems facing Indonesia. Although supposedly
the eradication has increased in the last few, but there are no sure signs that this
problem can be resolved soon. Indonesia is a country with a high level of corruption
worldwide.
people's life, nation and state so that it requires tremendous handling. In addition,
resources, and other resources, and develop awareness, attitudes, and behavior of
economic issues for a country because corruption has been around for thousands of
1
Law of the Republic of Indonesia Number 46 Year 2009 on Corruption Crime Court, LN RI
Year 2009 Number 134, Consideration Section, letter b.
2
undermine the state's finances, the state's economy and harm the interests of
society.2
entrenched culture in all levels of society. However, various eradication is still done
2001 regarding the Amendment of Law Number 31 Year 1999 concerning the
Eradication of Corruption has been high. The already high criminal threat does not
Some of the corruption cases that have been revealed do not deter
corrupters, and the more incessant the government to eradicate corruption, the more
several reasons.
Corruption in the field of public services even occurs in the level of village
2
Hamzah, Andi, 1991, Korupsi Di Indonesia Masalah dan Pemecahannya, Gramedia Pustaka
Utama, Jakarta, p 2.
3
Komisi Pemberantasan Korupsi, 2006, Memahami Untuk Membasmi; Buku Saku Untuk
Memahami Tindak Pidana Korupsi, Jakarta, Komisi Pemberantasan Korupsi, p. 4
3
authority of the Law to enforce the law either through investigation, investigation
Indonesia
Although the above three institutions have authority in the context of law
enforcement against corruption, each institution has its own characteristics in the
for example, this institution in addition to having the task of investigation and
investigation also at the same time has the authority of prosecution of corruption.
bodies whose functions relate to the judicial authority according to the 1945
exercising state power in the prosecution field, the Attorney General of the
Republic of Indonesia shall be free from the influence of the power of any parties.4
4
Law Number 16 Year 2004 regarding the Attorney of the Republic of Indonesia, the
consideration of letter b
4
which is an integral part of the Attorney General of the Republic of Indonesia. This
is because the public service sector is one of the sectors that directly connect the
general public with government activities so that the public service sector must be
clean of corruption. Public trust in obtaining good public services will be one
One form of corruption that occurs in the field of public services, among
others, corruption in the implementation of the program People Service For Land
the main duties and functions of the National Land Agency of the Republic of
Indonesia to the public5 and the budget arising from this activity is charged to the
Larasita as mobile land service that is pro active in the middle of society.
The data service system used in the Larasita program is computerized or online.
Thus, the community will be easier in the process of processing land ownership
certificates.7
5
Regulation of the Head of the National Land Agency of the Republic of Indonesia Number: 18
of 2009 concerning Larasita National Land Agency of the Republic of Indonesia, Article 2 paragraph (1)
6
Ibid, Article 5
7
Ibid, Appendix I Chapter I
5
In accordance with its moving nature, the execution of the main duty and
function required the granting or delegation of authority necessary for the smooth
(agrarian reform);
5. Facilitate the settlement of problematic soils that may be resolved in the field;
6. Connecting the BPN program of the Republic of Indonesia with the aspirations
Although the initial goal of the Larasita program is to get closer to the
people whose costs are funded by the National Land Agency, in practice, there is a
misappropriation of the program, ranging from illegal levies, bribery and abuse of
authority from state operators associated with the implementation of the Larasita
Program. Similarly in Bantul District, in 2011 until 2013 there has been abuse of
authority by the Village Head and village apparatus in the implementation of the
officer to dredge money for personal interests by attracting costs to the community.
The amount of the fee varies depending on the status of the land, whether
program in Bantul District, the Bantul District Attorney with its authority has
offenses.
program in Bantul Regency is none other than in order to help the Government
clean up corrupt practices in the field of public services. In addition, repressive law
B. Research Questions
Based on the background mentioned above, there are 2 (two) issues that will
Bantul Regency?
2. How the effort taken by the Bantul District Prosecutor Office in preventing the
in Bantul District?
C. Research Methods
1. Type of Research
7
while empirical juridical research is research in order to see the law in the real
sense and examine how the law works in community environment by way of
inventorying the facts that exist within a society, legal entity or government
agency.8
form of fulfillment of rights for defendants by the state. Therefore, the data
2. Method of Analysis
8
Soerdjono Soekanto dan Sri Mamudji, 1994, Penelitian Hukum Normatif : Suatu Tinjauang
Singkat, Raja Grafindo Persada, Jakarta, p. 13
8
common problems that end with the conclusion in the form of a special
statement. 9
That the information is then collected information and data are closed.
directly to the field to request information and seek data, pursued activities are
9
Ariesto Hadi Sutopo dan Adrianus Arief, 2010, Terampil Mengolah Data Kualitatif, Prenada
Media Group, Jakarta, hlm. 23
9
That from the information and data obtained then processed to see
whether there is a legal event in the program People Service For Land
data obtained, it was in the Village Trimulyo, District Jetis Bantul has occurred
the People Service Program for Land Certification that is not in accordance with
the legislation and the indication of not menyetorkannya village income to the
data obtained later the Head of Bantul District Prosecutor Office issued the
District
That the information is then collected information and data are closed.
District directly to the field to request information and seek data, pursued
activities are not known by many people to minimize the leaking of information.
That from the information and data obtained then processed to see
whether there is a legal event in the program People Service For Land
data obtained, it was in the Village Trimulyo, District Jetis Bantul has occurred
legal events namely the existence of a levy of money in the activities of the
People Service Program for Land Certification that is not in accordance with the
Government.
data obtained later the Head of Bantul District Prosecutor Office issued the
District.
Tariffs of Non-Tax State Revenue Applicable to the National Land Agency, the
Whereas after the examination of the witnesses with the evidence and
Mr. Mojono who plays as Trimulyo Village Chief. Br. Mujono is suspected of
Criminal Code.
Whereas after the investigation has been completed, the next step is to
prosecute the Corruption Court at the Yogyakarta District Court according to the
Mujono.
witnesses, expert information, and the statement of the defendant and linked to
the evidence presented at the hearing finally the Panel of Judges examining the
as in the first primair indictment, and freeing the Defendant from the
provided that if the fine is not paid is replaced with imprisonment for 1 (one)
month;
d. Determining the period of detention that has been served The defendant is
of state.
project infrastructure development, it does not rule out that TP4D also
carries out and safeguards against government programs that are at risk and
Bantul Regency. To the letter, pursuant to the Regulation of the Head of the
on Standard Operating Procedures for the Guard and Protection Team of the
between the Land Office / ATR Bantul District with the Bantul District
Prosecutor Office.
the Land Office / ATR of Bantul Regency, for the implementation then Head
There are 5 main tasks that will be carried out by the Guard and
and support the success of the program activities of Land Affairs Office /
2). Providing legal counseling to the public regarding the issue of defense
activities.
and causing harm to the state finances, TP4D coordinates with related
agencies whose main tasks and functions are tangent to the main tasks of
17
the Land Office / ATR of Bantul Regency, among others with the Bantul
Regency.
2). The results of Monitoring and Evaluation shall be prepared in the form
prevent the occurrence of criminal acts of corruption, TP4D also has the
Coordination with the Auditor about the occurrence of unlawful acts, abuse
authority and / or other acts which result in harm to the state finances.
administrative, the head of the Land Affairs / ATR Office of Bantul submits
18
Year 2004 regarding the Prosecutor of the Republic of Indonesia one of the
is in the civil and administrative fields of the state, the Prosecutor with special
authority may act inside or outside the court for and on behalf of the state or
government.
prosecutor may act both inside and outside courts for and on behalf of the state,
environment other than criminal law. A prosecutor representing the state and
In line with the request for safeguards and security of the program
submitted by the Land Office / ATR of Bantul Regency to the Bantul District
Prosecutor, on March 10, 2016 held in the Hall of Land Affairs Office / ATR
19
GPH .1 / 03/2016 dated March 10, 2016 between the Land Office / ATR Bantul
District with the Bantul District Prosecutor related to the settlement of civil
cases and state administration experienced by the Land Office / ATR Bantul
District, in other words the Head of Bantul District Prosecutor with Special
Power of Prosecutor will be the Legal Counsel of the Land Office / ATR of
There are several matters agreed in the MoU between the Land
Office / ATR of Bantul Regency and the Bantul District Prosecutor, namely :
1). The cooperation in the field of Civil Law and State Administration referred
to in this Joint Agreement aims to solve the problems that occurred in the
Land Office / ATR of Bantul Regency in the field of Civil Law and
2). The scope of cooperation in the field of Civil Law and State
attorney with the substitution of the Land Office / ATR Bantul District to
Regency.
1. Conclusion
conclusions:
a. That the Public Prosecutor of Bantul has enforced the law against alleged
suspect and in the prosecution process, Br. Mujono was found guilty of
Bantul Regency.
2. Recommendation
recomendation:
1. the Public Prosecutor Office of Bantul together with the Land Office / ATR
2. For Bantul District Prosecutor's Office of Land Affairs / ATR Bantul Regency
REFERENCES
A. Books
Ariesto Hadi Sutopo dan Adrianus Arief, 2010, Terampil Mengolah Data Kualitatif,
Prenada Media Group, Jakarta
Effendy, Marwan, 2005, Kejaksaan Republik Indonesia, Posisi dan Fungsinya Dari
Perspektif Hukum, Jakarta, Gramedia Pustaka Utama
Hadi Sutopo, Ariesto dan Arief, Adrianus, 2010, Terampil Mengolah Data Kualitatif,
Prenada Media Group, Jakarta
Komisi Pemberantasan Korupsi, 2006, Memahami Untuk Membasmi; Buku Saku Untuk
Memahami Tindak Pidana Korupsi, Komisi Pemberantasan Korupsi, Jakarta
Indrianto Seno Adji, 2006, Korupsi Kebijakan Aparatur Negara dan Hukum Pidana,
Diadit Media, Jakarta
B. Laws
Law Number 20 Year 2001 concerning Amendment to Law Number 31 Year 1999
concerning the Eradication of Corruption
Law Number 16 Year 2004 regarding the Prosecutor of the Republic of Indonesia
Law of the Republic of Indonesia Number 46 Year 2009 on the Court of Corruption
Regulation of the Head of the National Land Agency of the Republic of Indonesia
Number: 18 of 2009 concerning Larasita Badan Pertanahan Nasional Republik
Indonesia