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International Journal of
Law
ARCHIVES
VOL. 6, ISSUE 5 (2020)
Reconstruction of the regulation of court decision on corruption case in Indonesia based on progressive law
Authors
Suhartanto, Gunarto, Sri Endah Wahyuningsih, Wahyu Widodo
Abstract
Law enforcement in Indonesia requires a new perspective in resolving the problem of corruption because corruption law enforcement in Indonesia currently still unable not reflect the value of justice. This problem encourages the author to make a study on the subject of why Court Decision on Corruption Case in Indonesia currently are unable not reflect progressive decisions and how to reconstruct Court Decision on Corruption Case in Indonesia with a progressive legal approach. The study was conducted in the perspective of the Constructivism paradigm with the type of socio-legal research and qualitative approach methods. Data used in this research are from interviews and questionnaires supported by literature, legislation and various public documents, while the data analysis was carried out by the method of qualitative critical analysis. The results showed that the Court Decision on Corruption Case are unable to reflect progressive decisions due to factors such as the domination of legal positivism of lawmakers and law enforcers, low understanding of progressive law by lawmakers and law enforcers, low on moral that supported the formation and enforcement of law, the existence of political influence on the formation of law and law enforcement, and the existence of laws and regulations relating to corruption that are still scattered, incomplete and contradictory. In order to tackle the problem, the regulation of Court Decision on Corruption Case needs to be reconstructed, namely in Article 2 paragraph (1), Article 3, and Article 38 B paragraph (2) of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning Eradication of Corruption by applying progressive legal principles to it.
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Pages:89-94
How to cite this article:
Suhartanto, Gunarto, Sri Endah Wahyuningsih, Wahyu Widodo "Reconstruction of the regulation of court decision on corruption case in Indonesia based on progressive law". International Journal of Law, Vol 6, Issue 5, 2020, Pages 89-94
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