UNS — Junior Attorney General for Special Crimes (Jampidsus), Ali Mukartono, is taking an Open Exam for Doctoral Promotion in Faculty of Law (FH) Universitas Sebelas Maret (UNS) Surakarta, Monday (12/4/2021). The test took place in the Faculty of Law Hall (FH UNS). The test was led directly by the Rector of UNS, Prof. Jamal Wiwoho, as the Chairman of the Board of Examiners, accompanied by the Director of Postgraduate School UNS, Prof. Sutarno, as the Secretary of the Board of Examiners.
Acting as the examiners are Prof. Indriyanto Seno Adji (external examiner from Universitas Krisnadwipayana), Prof. I Gusti Ayu Ketut Rachmi Handayani (First Examiner), Prof. Pujiyono (Second Examiner), Prof. Supanto (Third Examiner), Prof. Adi Sulistyono (Fourth Examiner), and Dr. Sulistyanta (Fifth Examiner). The Doctoral Promotion was attended by Prof. Hartiningsih (Head of Doctoral Program FH UNS) as promotor and Dr. Rustamaji (Head of the Bachelor of Law Study Program FH UNS) as co-promotor.
In front of the Board, promotor, and invited guests, Ali Mukartono delivers his dissertation research result entitled Law Reconstruction in Collusion and Nepotism Criminal Acts Enforcement as Prevention Instrument for Corruption Crime. The topic is chosen because Ali Mukartono considers that the government’s effort to achieve an administration that free from corruption, collusion, and nepotism is only focused on the corruption criminal acts.
“The first weakness of the political law is the policy that only focused on corruption with a dichotomy on the prevention and repression policy without an integral and comprehensive measure,” said Ali Mukartono.
Moreover, he considers that the implementation of collusion and nepotism law is unclear. Since 1999 there is no enforcement toward collusion and nepotism. “Therefore, Regulation No. 28/ 1999 is not applicative, and there is no optimal enforcement,” he added. On this occasion, Ali Mukartono states that based on the Constitutional Court (MK) No. 25/PUU-XIV/2016, which requires an ‘actual lost’ condition within a corruption case as if an attempted corruption acts should not be investigated.
This provision eliminates any preventive measures to avoid the loss of state finances because of corruption and the inapplicability of the policy against attempted criminal conspiracy. “Based on my experiences in handling corruption cases for more than 30 years, corruption is often started with a conspiracy against the law and preferring family member. Therefore these two matters can be combined within a regulation,” Ali Mukartono reveals.
For twenty minutes, he explains the legal substance reconstruction model through an amendment on Regulation No. 28/ 1999. First, the title of Regulation No. 28/ 1999 shall be modified into Eradication of Collusion and Nepotism. Secondly, modification on the placement of the formulation of criminal acts of collusion and nepotism is moved to a new chapter under the criminal provisions. Third, modification of the formulation of collusion criminal acts regulated in Article 1 no 4 of the Regulation No. 28/ 1999. Fourth, modification of the nepotism formulation criminal acts, which regulated in Article 1 no 5 in the Regulation No. 28/ 1999.
“The legal structure reconstruction for the amendment of the Regulation No. 28/ 1999 will improve investigators authority in conducting wiretapping, use of electronic evidence, trial in absentia, and criminalization of obstruction of justice,” he added.
For the dissertation presented in front of the Board, Ali Mukartono is determined to pass with honor (cumlaude). Ali Mukartono becomes the 733rd Doctor from the Doctoral Program in FH UNS. The announcement was made directly by Prof. Jamal Wiwoho to Ali Mukartono after a short deliberation with all of the board members.
“Based on your achievement and the result of the Doctoral Examination for the Doctoral of Program in Law Science, it was decided that you are graduated with honor,” Prof. Jamal concluded. Humas UNS
Reporter: Yefta Christopherus AS
Editor: Dwi Hastuti