Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia

Research Article

Criminal Implications of Corruption on The Misuse Of Village Fund In The Village Government

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  • @INPROCEEDINGS{10.4108/eai.14-4-2021.2312417,
        author={Tjut Dhien Shafina},
        title={Criminal Implications of Corruption on The Misuse Of Village Fund In The Village Government},
        proceedings={Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={ICLHR},
        year={2021},
        month={10},
        keywords={village fund; law enforcement; criminal act of corruption},
        doi={10.4108/eai.14-4-2021.2312417}
    }
    
  • Tjut Dhien Shafina
    Year: 2021
    Criminal Implications of Corruption on The Misuse Of Village Fund In The Village Government
    ICLHR
    EAI
    DOI: 10.4108/eai.14-4-2021.2312417
Tjut Dhien Shafina1,*
  • 1: Doctor of Law, Universitas Jayabaya, Jakarta, Indonesia
*Contact email: shafinacut@gmail.com

Abstract

Village fund management allocated for village development will be one of the factors that drive the whole national development. On the other hand, the law enforcement against misuse of village funds is inhibited by some procedural constraints, differences in interpretation, inconsistencies, and conflict of norms between village laws and regulations will hinder development. Law enforcement on the misuse of village funds in order to achieve national goals is essential. However, criminal responsibility for misuse of village funds as a criminal act of corruption explained in PTPK Law does not conform with the specificity of the village as a legal community unit which has the authority to regulate and handle government affairs. This research used normative juridical research method, in which secondary data were analyzed. The results showed that the current accountability model for misuse of village funds has not been able to develop legal certainty due to the absence of Village regulation that can distinguish between accountability models for misuse of village funds based on the aspects of accountability for administrative law, civil law, and criminal law. This issue leads to legal uncertainty both in the theory and practices of law enforcement.