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REVIEW OF THE IMPLEMENTATION OF CRIMINAL SANCTIONS IN CORRUPTION CASE (CASE STUDY OF DECISION REG.24/PID.SUS.TPK/2020/PN PAL) | Zulfikar | Tadulako Law Review

REVIEW OF THE IMPLEMENTATION OF CRIMINAL SANCTIONS IN CORRUPTION CASE (CASE STUDY OF DECISION REG.24/PID.SUS.TPK/2020/PN PAL)

Muhammad Zulfikar, Jubair Jubair, Benny Diktus Yusman, Syachdin Syachdin, Ikbal Ikbal, Riri Anggraini, Nurhayati Sutan Nokoe

Abstract


The formulation of the problem in this study is 1) How is the application of criminal sanctions against corruption based on Reg.24/Pid.Sus.TPK/2020/PN PAL?. 2) What is the basis for the judge's consideration in determining the defendant's guilt in a corruption crime based on Reg.24/Pid.Sus.TPK/2020/PN PAL?. This study aims to find out the application of criminal law to defendants of corruption based on the decision of Reg.24/Pid.Sus.TPK/2020/PN PAL. To find out the judge's considerations in determining the defendant's guilt in the criminal act of corruption based on the decision of Reg.24/Pid.Sus. TPK/2020/PN PAL. This research uses normative law research methods (doctrinal legal analysis). The conclusions in this study are The application of sanctions in the Corruption Crime of Decision Number Reg.24/Pid.Sus.TPK/2020/PN Pal. It is not appropriate that the Panel of Judges stated that the defendant was proven guilty as stated in the primary charge as regulated in Article 2 paragraph (1) jo. Article 18 of Law no. 31 of 1999 in conjunction with Law no. 20 of 2001 concerning the Eradication of Criminal Acts of Corruption. The direct indictment is not appropriate because the defendant's actions in the element of a criminal act of corruption are abusing the authority regulated in Article 3 of Law no. 31 of 1999 in conjunction with Law no. 20 of 2001 concerning the Eradication of Corruption fulfills the element of the offense as stated in the subsidiary indictment. The judge's consideration in deciding on the criminal act of corruption committed by the defendant as stated in the decision Number Reg.24/Pid.Sus.TPK/2020/PN Pal is not appropriate because it is under legal consideration by the judge. 20 of 2001 concerning the Eradication of Criminal Acts of Corruption. The direct indictment is not relevant because the defendant's actions in the element of a criminal act of corruption are abusing the authority regulated in Article 3 of Law no. 31 of 1999 in conjunction with Law no. 20 of 2001 concerning the Eradication of Corruption fulfills the element of the offense as stated in the subsidiary indictment. The judge's consideration in deciding on the criminal act of corruption committed by the defendant as stated in the decision Number Reg.24/Pid.Sus.TPK/2020/PN Pal is not appropriate because it is under legal consideration by the judge. 20 of 2001 concerning the Eradication of Corruption. The direct indictment is not relevant because the defendant's actions in the element of a criminal act of corruption are abusing the authority regulated in Article 3 of Law no. 31 of 1999 in conjunction with Law no. 20 of 2001 concerning the Eradication of Corruption fulfills the element of the offense as stated in the subsidiary indictment. The judge's consideration in deciding on the criminal act of corruption committed by the defendant as stated in the decision Number Reg.24/Pid.Sus.TPK/2020/PN Pal is not appropriate because it is under legal consideration by the judge. 20 of 2001 concerning the Eradication of Corruption fulfills the offense element stated in the subsidiary indictment. The judge's consideration in deciding on the criminal act of corruption committed by the defendant as stated in the decision Number Reg.24/Pid.Sus.TPK/2020/PN Pal is not appropriate because it is under legal consideration by the judge. 20 of 2001 concerning the Eradication of Corruption fulfills the offense element stated in the subsidiary indictment. The judge's consideration in deciding on the criminal act of corruption committed by the defendant as stated in the decision Number Reg.24/Pid.Sus.TPK/2020/PN Pal is not appropriate because it is under legal consideration by the judge.


Keywords


Application of Criminal Sanctions; Corruption Crime

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References


Albert Hasibuan, Point of View for the New Order, Sinar Harapan Library, Jakarta, 1997. Andi Hamzah, Comparison of Corruption Eradication in Various Countries, PT. Sumber Ilmu Jaya, Jakarta, 2002. Evi Hartanti, Corruption Crime, Sinar Graphic, Jakarta, 2005. Kartini Kartono, Social Pathology, Raja Grafindo Persada, Jakarta, 2003. M. Prodjohamidjoyo, Understanding the Basics of Indonesian Criminal Law, Pradnya Paramita, Jakarta, 2001. M. Lubis and JC Scott, Political Corruption, Indonesia Torch Foundation, Jakarta, 1997. Marwan Mas, Eradication of Criminal Acts of Corruption, Ghalia Indonesia, Jakarta, 2014. Pradjonggo Tjandra Sridjaja, Unlawful Nature in Corruption Crimes, Indonesia Lawyer Club, Jakarta, 2010. Soedarso Boesono, Historical and Cultural Background in Indonesia, UII Pers, 2010. Soetanto Soepiadhy, The Indonesian Proper Movement, Opinion Weekly, Suara Sejati Column, Jakarta, 2005. Sudarto, Law and Criminal Law, Alumni, Bandung, 1996. Indonesian Criminal Code Law Number 20 of 2001 concerning the Eradication of Corruption Crimes. Law Number 48 of 2009 concerning Judicial Power. Law Number 17 of 2003 concerning the Rights and Obligations of the State which can be Valued in Money. Cokorda Dian Permana, "Formal And Material Responsibility Of The Assistant Expenditure Changes In State Financial Compensation In The Criminal Action Of Corruption," Tadulako Master Law Journal 4, no. 3 (August 30, 2020): 318–46. Accessed February 21, 2022. Hartadhi Christianto, “Implementation Of Government And Regional Security Team And Security Team In The Framework Of Corruption Crime Prevention In Morowali Regency,” Tadulako Master Law Journal 3, no. 3 (23 October 2019): 306–30. Access 21 February 2022.


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