Indonesian Research Journal in Legal Studies

LEGALITY OF THE PUBLIC PROSECUTOR'S ACCUSATIONS REGARDING THE VERDICT OF CRIME OF CORRUPTION IN THE PALU STATE COURT

Moh. Sabrang, Syamsul Haling, Samsuria — Tue, 19 Sep 2023 00:00:00 +0700

The formulation of the general prosecutor's indictment for the criminal act of corruption against fishing boats in Tolitoli Regency did not meet the formal requirements and material requirements which required careful, clear and complete details about the qualifications of the perpetrators (plegen, doen plegen, uitlokker) and the actions committed by the suspects (act) so that the prosecutor's charges become obscure (abscurs libels). Analysis of the texts proves that there is no correlation between the text, the meaning of the text and the context which qualifies the criminal acts alleged by the public prosecutor against the alleged perpetrators of corruption. In order to prevent formal cancellation of the indictment by the court, the public prosecutor in preparing the indictment must include a clear, accurate and complete description of the actions committed and not related to each other, incomplete and partial, especially material requirements so that the description of the public prosecutor is vague/obscure (obscuur libel) so that the charges are null and void and the court's decision is acquitted.

Implementation of Law Number 11 of 2022 Regarding the Management of Regional Revenue and Expenditure Budget Grants (Study on the Central Sulawesi Indonesian National Sports Committee)

Armin Amiruddin, Muhammad Akbar, Muh. Yusuf Hasmin — Tue, 19 Sep 2023 00:00:00 +0700

Law Number 11 of 2022 concerning the National Sports System concerning Sports Funding Article 75 states that sports funding is a shared responsibility among the central government, regional governments and the community; the government and regional governments are required to allocate sports budgets through the State Revenue and Expenditure Budget and the Regional Revenue and Expenditure Budget. The aim of the study was to analyze the implementation of Law Number 11 of 2022 concerning the Management of KONI Central Sulawesi Province APBD Grants and the supporting and inhibiting factors for its implementation. This research is descriptive in nature, namely describing the reality that occurs regarding the gap between the law that should be (das Sollen) and the applicable law (das Sein) where das Sollen regarding government policies regarding sports funding managed by the KONI Central Sulawesi Province. The results of the study show that the implementation of Law Number 11 of 2022 which regulates the management of grants sourced from the regional budget by KONI of Central Sulawesi Province has not been fully implemented because the law is still new and still needs in-depth study. The inhibiting and supporting factors for the management of grant funds are the absence of law enforcement, the lack of supervision over the implementation of grant funds managed by certain institutions and the factors that support transparent and accountable management of grant funds which are directly controlled by province, districts and city government officials.

IMPLEMENTATION OF THE INHERITANCE OF INDONESIAN CITIZENS OF CHINESE DESCENT IN PALU CITY, CENTRAL SULAWESI PROVINCE

Dikky Patenjenu, Maisa, Heru Wardoyo — Tue, 19 Sep 2023 00:00:00 +0700

The implementation of the inheritance of the Chinese-descended community in Palu City prioritizes Chinese customary law in the distribution of their inheritance because the distribution of inheritance according to the Civil Code is contrary to Chinese customary law. The share of inheritance for sons and daughters is the same, contrary to the teachings of Confucius. The settlement of inheritance disputes is pursued in two ways, namely through non-litigation (mediation) and litigation (court). In reality, the settlement of inheritance disputes prioritizes non-litigation or family deliberations rather than using litigation or courts because the use of litigation is a disgrace for Chinese citizens so that the application of inheritance law for the Chinese community and ways of resolving inheritance disputes can inspire an equal and humane law enforcement model in the future.

REPORTING OF REGIONAL HEAD ELECTION CAMPAIGN FUNDS IN 2018 PARIGI MOUTONG REGENCY ACCORDING TO COMMISSION REGULATIONS GENERAL ELECTION NUMBER 5 YEAR 2017

Egar Mahesa, Muh. Akbar, Yusuf Hasmin — Tue, 19 Sep 2023 00:00:00 +0700

Regional head candidate pairs are obliged to report campaign funds in the form of LADK, LPSDK and LPPDK to the General Election Commission of Parigi Moutong Regency. After the report was received, the KPU ordered an audit team from the Public Accountant Office (KAP) to audit in order to adjust incoming and outgoing funds. This is done by the General Election Commission to increase the compliance of political parties and regional head candidates through outreach regarding campaign finance regulations. In addition, improving the facilities and infrastructure for reporting campaign funds and maximizing the application of sanctions for political parties and pairs of regional head candidates who commit campaign finance reporting violations that are not in accordance with applicable laws and regulations. Therefore, the KPU should be given the authority to carry out investigative audits of campaign funds owned by regional head candidate pairs and apply sanctions to those who report campaign funds not in accordance with the General Election Commission Regulations.

IMPLEMENTATION OF THE SUPERVISION FUNCTIONS OF VILLAGES CONSULTANCY AGENCY IN OPTIMIZING VILLAGE DEVELOPMENT ACCORDING TO REGULATION OF THE MINISTER OF HOME AFFAIRS NUMBER 110 OF 2016 (Study at Lumbe, Nambo District, Banggai Regency)

Muhammad Rivai, 2Muh. Akbar,, Muhammad Yusuf Hasmin — Tue, 19 Sep 2023 00:00:00 +0700

Implementation of the supervisory function of the Lumbe Village Consultative Body, Nambo District, Banggai Regency on the performance of the Lumbe village head which was carried out in a monitoring and evaluation manner and the results were not in accordance with the provisions of Article 46 paragraph (3) of the Minister of Home Affairs Regulation Number 110 of 2016 concerning Village Consultative Councils. So that it has not supported the administration of Lumbe village government to achieve legal goals. Several factors become obstacles, namely the limited human resources of BPD, low financing, low community culture and lack of BPD institutional facilities and infrastructure. Even so, there are supporting factors, namely harmonious coordination between the PBD and the village head and strong community support for the implementation of the supervisory function carried out by BPD Lumbe. It is recommended that the Ministry of Home Affairs issue guidelines for monitoring and evaluating the performance of village heads, strengthen support for BPDs and increase BPD budgets including increasing the availability of facilities and infrastructure for BPD Lumbe. Supervision functions are carried out effectively in supporting the implementation of village governance in a sustainable manner.