ARCHIVES
VOL. 7, ISSUE 4 (2021)
Policy formulation of the criminal action of corruption as IUS constituendum in Indonesia
Authors
Anang Setiawan, Hartiwiningsih
Abstract
This study aims to describe the current regulation of eradicating corruption in Indonesia as regulated in Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning Corruption Crimes (hereinafter referred to as the Corruption Law). eradication of corruption in the future (ius constituendum). This research is a normative legal research with a statutory approach and a conceptual approach. Based on the results of the study, it is known that the formulation policy in the formulation of the article is to determine the amount of state financial losses as a parameter to determine the penalty. Articles 2 and 3 are more appropriate to be formal offenses. The perpetrators who return state finances do not need to be imprisoned, only a fine of 2-3 times the amount of corruption. State financial losses need to be converted into a debt of a person or corporation to the state. The payment of replacement money was extended to touch the profits derived from corruption and the defendant's failure to prove the opposite was used as strong evidence. The policy of formulating the form of criminal sanctions by streamlining and intensifying capital punishment by stipulating it in every article on corruption and making the amount of corruption a parameter of its implementation. Making the criminal sanction of a fine as the main crime is formulated by doubling 2-3 times the amount that was corrupted then adding the profits obtained and added to the cost of law enforcement issued by the state, if the perpetrator does not have the property to pay for it then the prison sentence is a subsidiary.
Download
Pages:181-187
How to cite this article:
Anang Setiawan, Hartiwiningsih "Policy formulation of the criminal action of corruption as IUS constituendum in Indonesia ". International Journal of Law, Vol 7, Issue 4, 2021, Pages 181-187
Download Author Certificate
Please enter the email address corresponding to this article submission to download your certificate.