Vol. 3, Issue 6 (2017)
Specific minimum criminal and prevention of disparity of sentencing: Legislative policy analysis in the law of the republic of Indonesia on corruption
Author(s): Antonius Sudirman
Abstract: The focus of the discussion in this article is, what is the specific minimum criminal stipulation in law of Republic of Indonesia on Corruption Eradication can be an effective means to prevent disparity? The data is analyzed descriptively qulaitative. Discussion results show that based on formulative policies, specific minimum criminal provisions in the Corruption Act are deemed ineffective in preventing criminal disparity, on the contrary as the cause of criminal disparity. Because the minimum criminal threat is too light compared to the maximum criminal threat. In addition, the Corruption Act is not regulated on criminal guidelines as the basis for judges in decision-making. Therefore, in the future there should be an effort to revise the minimum criminal provisions in the law so that the minimum criminal threat is proportional to the maximum threat. In addition, it needs to be regulated on the guidelines of punishment.