Aspek Melawan Hukum Pidana Terhadap Perbuatan Penyalahgunaan Wewenang Dalam Penyaluran Bantuan Sosial Di Masa PSBB

(1) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(2) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(3) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia

Abstract
Introduction: There is a policy that the government is proposing in order to cope with the COVID-19 social disaster, which is followed by actions that affect it caused by actions that are not in accordance with the provisions contained in the legislation and are carried out by officials who have the authority to do otherwise and in accordance with the provisions which exists.
Purposes of the Research: Reviewing and discussing acts of abuse of authority and unlawful elements of the distribution of social assistance are classified as criminal acts.
Methods of the Research: This research is a normative legal research or legal research literature (Library research). Normative legal research examines laws that are conceptualized as applicable norms or rules. The applicable legal norms are in the form of written positive legal norms formed by statutory institutions (Basic Law, codification, laws, government regulations, and so on).
Results of the Research: Abuse of authority in the distribution of social assistance is a form of crime, in the social assistance distribution program held by the government through the Ministry of Social Affairs of the Republic of Indonesia, it is proven to have abused authority. This can be proven by the case of unlawful elements of the abuse of authority over social assistance during the PSBB period by Juliari Batubara who is a former Minister of Social Affairs. The unlawful element in the act of abusing the authority of social assistance during the PSBB period is an act that is considered as an element of enriching oneself which is part of an unlawful act as contained in Article 2 and Article 3 of Law no. 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, one of which is committing acts of enriching oneself or another person, or an entity and indirectly harming state finances and/or the state economy.Keywords
DOI
10.47268/tatohi.v1i7.662
Published
2021-10-30
How To Cite
@article{TATOHI662, author = {Christian Marzuki and John Pasalbessy and Jetty Patty}, title = {Aspek Melawan Hukum Pidana Terhadap Perbuatan Penyalahgunaan Wewenang Dalam Penyaluran Bantuan Sosial Di Masa PSBB}, journal = {TATOHI: Jurnal Ilmu Hukum}, volume = {1}, number = {7}, year = {2021}, keywords = {Actions Against The Law; Criminal Acts Of Corruption; Distribution Of Social Assistance; Social Assistance.}, abstract = {Introduction: There is a policy that the government is proposing in order to cope with the COVID-19 social disaster, which is followed by actions that affect it caused by actions that are not in accordance with the provisions contained in the legislation and are carried out by officials who have the authority to do otherwise and in accordance with the provisions which exists.Purposes of the Research: Reviewing and discussing acts of abuse of authority and unlawful elements of the distribution of social assistance are classified as criminal acts.Methods of the Research: This research is a normative legal research or legal research literature (Library research). Normative legal research examines laws that are conceptualized as applicable norms or rules. The applicable legal norms are in the form of written positive legal norms formed by statutory institutions (Basic Law, codification, laws, government regulations, and so on).Results of the Research: Abuse of authority in the distribution of social assistance is a form of crime, in the social assistance distribution program held by the government through the Ministry of Social Affairs of the Republic of Indonesia, it is proven to have abused authority. This can be proven by the case of unlawful elements of the abuse of authority over social assistance during the PSBB period by Juliari Batubara who is a former Minister of Social Affairs. The unlawful element in the act of abusing the authority of social assistance during the PSBB period is an act that is considered as an element of enriching oneself which is part of an unlawful act as contained in Article 2 and Article 3 of Law no. 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, one of which is committing acts of enriching oneself or another person, or an entity and indirectly harming state finances and/or the state economy.}, issn = {2775-619X}, pages = {672--678} doi = {10.47268/tatohi.v1i7.662}, url = {https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/662} }
https://regional.kompas.com/read/2020/11/18/17522041/polisi-bakal-tetapkan tersangka-kasus-dugaan-mark-up-harga-bansos-di
Syarief Hidayatullah, Penyaluran Bansos Covid-19 Diduga Tak Tepat Sasaran, https://dekannews.com/baca/penyaluran-bansos-covid-19-diduga-tak-tepat-sasaran-fajar-minta-syarief-hidayatullah-diperiksa.
Kunarso, and A Djoko Sumaryanto. "Eksistensi Perjanjian Ditengah Pandemi Covid-19." Batulis Civil Law Review 1, no. 1 (2020): 33-46. https://doi.org/10.47268/ballrev.v1i1.423.
https://doi.org/10.47268/ballrev.v1i1.423
Taun, and Ananda Nugraha. "Penerapan Hukum Dalam Pemutusan Hubungan Kerja Dan Kebijakan Bank Terhadap Debitur Yang Terdampak Pandemi Covid-19." Batulis Civil Law Review 1, no. 1 (2020): 24-32. https://doi.org/10.47268/ballrev.v1i1.422.
https://doi.org/10.47268/ballrev.v1i1.422
Ubwarin, Erwin, Deassy Jacomina Anthoneta Hehanussa, Jetty Martje Patty, and Anna Maria Salamor. "Kekebalan Hukum Pidana Dalam Penanganan Bencana Non-Alam Akibat Sars-Cov-2." Jurnal Penelitian Hukum De Jure 21, no. 1 (2021): 13-22. https://doi.org/10.30641/dejure.2021.V21.13-22.
https://doi.org/10.30641/dejure.2021.V21.13-22
Wahab, Abdul. Analisis Kebijakan: Dari Formulasi Ke Implementasi Kebijakan Negara. Jakarta: Bumi Aksara, 2005.
Dublin Core | PKP Metadata Items | Metadata for this Document | |
1. | Title | Title of document | Aspek Melawan Hukum Pidana Terhadap Perbuatan Penyalahgunaan Wewenang Dalam Penyaluran Bantuan Sosial Di Masa PSBB |
2. | Creator | Author's name, affiliation, country | Christian Victor Samuel Marzuki; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
2. | Creator | Author's name, affiliation, country | John Dirk Pasalbessy; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
2. | Creator | Author's name, affiliation, country | Jetty Martje Patty; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
3. | Subject | Discipline(s) | |
3. | Subject | Keyword(s) | Actions Against The Law; Criminal Acts Of Corruption; Distribution Of Social Assistance; Social Assistance. |
4. | Description | Abstract | Introduction: There is a policy that the government is proposing in order to cope with the COVID-19 social disaster, which is followed by actions that affect it caused by actions that are not in accordance with the provisions contained in the legislation and are carried out by officials who have the authority to do otherwise and in accordance with the provisions which exists.Purposes of the Research: Reviewing and discussing acts of abuse of authority and unlawful elements of the distribution of social assistance are classified as criminal acts.Methods of the Research: This research is a normative legal research or legal research literature (Library research). Normative legal research examines laws that are conceptualized as applicable norms or rules. The applicable legal norms are in the form of written positive legal norms formed by statutory institutions (Basic Law, codification, laws, government regulations, and so on).Results of the Research: Abuse of authority in the distribution of social assistance is a form of crime, in the social assistance distribution program held by the government through the Ministry of Social Affairs of the Republic of Indonesia, it is proven to have abused authority. This can be proven by the case of unlawful elements of the abuse of authority over social assistance during the PSBB period by Juliari Batubara who is a former Minister of Social Affairs. The unlawful element in the act of abusing the authority of social assistance during the PSBB period is an act that is considered as an element of enriching oneself which is part of an unlawful act as contained in Article 2 and Article 3 of Law no. 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, one of which is committing acts of enriching oneself or another person, or an entity and indirectly harming state finances and/or the state economy. |
5. | Publisher | Organizing agency, location | Faculty of Law Pattimura University |
6. | Contributor | Sponsor(s) | |
7. | Date | (YYYY-MM-DD) | 2021-10-30 |
8. | Type | Status & genre | Peer-reviewed Article |
8. | Type | Type | |
9. | Format | File format | |
10. | Identifier | Uniform Resource Identifier | https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/662 |
10. | Identifier | Digital Object Identifier | 10.47268/tatohi.v1i7.662 |
11. | Source | Title; vol., no. (year) | TATOHI: Jurnal Ilmu Hukum; Vol 1, No 7 (2021): Volume 1 Nomor 7, September 2021 |
12. | Language | English=en | en |
13. | Relation | Supp. Files | |
14. | Coverage | Geo-spatial location, chronological period, research sample (gender, age, etc.) | |
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Copyright (c) 2021 Christian Victor Samuel Marzuki, John Dirk Pasalbessy, Jetty Martje Patty

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