The Principle of Benefit and Legal Certainty Deviations in Village Fund Governance Rocky Marbun (a), Muhamad Azhar (b*), Putut Suharso (c),
a) Faculty of Law, Pancasila University, Srengseng Sawah, Jagakarsa, South Jakarta 12640, Indonesia b) Faculty of Law, Diponegoro University, Prof. H. Soedarto SH street, Semarang 50275 Indonesia. c) Department of Library and Information Science, Diponegoro University, Prof. H. Soedarto SH street, Semarang 50275 Indonesia
*e-mail: azharundip[at]gmail.com
Abstract
This study aims to show the fallacy that occurred in the law enforcement process against Village Funds and / or Village Fund Allocation, and how to improve it in Indonesia. By understanding the Village Law correctly, rural development programs can work well in accordance with the principles of legal benefit and certainty. This study uses a normative juridical research method using several approaches, namely a case approach, a philosophical approach, and a conceptual approach. Primary data consisting of primary legal material in the form of laws and court decisions related to existing cases. Secondary legal materials and tertiary legal materials are also used as reinforcement of thought analysis. The data used in this study was obtained through library research. The results of the interim research indicate the existence of misleading in the process of law enforcement of village fund governance. Misleading to the principle of legal benefit and certainty. By looking at the main objectives of the issuance of the Village Law for rural development through various village development programs. But in its implementation it has not been fully implemented. One education program for the village community, can not be achieved as expected. Caused by a model of criminal liability, the focus is on the criminalization of the offender and results in a delay in the process of disbursing village funds at the next stage. So that the model of law enforcement is actually detrimental to the village community as a whole. In the context of criminal liability, Criminal Law always views a criminal act as being associated with the perpetrator as natuurlijke persoon, so that anyone who is withdrawn in the criminal justice process will experience separation from the context and contextualization at the time the act was committed.
Keywords: Village Funds, Corruption, Criminal, Deviations
If your conference is listed in our system, please put our logo somewhere in your website.
Simply copy-paste the HTML code below to your website (ask your web admin):