KEBIJAKAN FORMULASI TINDAK PIDANA SUAP DALAM UNDANG-UNDANG PEMBERANTASAN TINDAK PIDANA KORUPSI

APTUREDI, EFAN and Nashriana, Nashriana and Iza, Rumesten RS (2021) KEBIJAKAN FORMULASI TINDAK PIDANA SUAP DALAM UNDANG-UNDANG PEMBERANTASAN TINDAK PIDANA KORUPSI. Master thesis, Sriwijaya University.

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Abstract

This study aims to analyze the policy formulation of Article 5 paragraph (1) and paragraph (2) as well as Article 12 letters a and b of the Corruption Act, its legal impact, and its future formulation policies. The results of this study indicate that, first, the application of the criminal act of bribery based on the provisions of Article 5 paragraphs (1) and (2) and Article 12 letters a and b of the Corruption Act was found in the Decision of the Central Jakarta District Court Number 11/Pid.B/TPK/2008/PN.JKT.PST on behalf of the convict Urip Tri Gunawan and the Surabaya District Court Decision Number 268 /PID.B-TPK/2016/PN.Sby on behalf of the convicted person, Ahmad Fauzi. The two defendants in their respective indictments were one of them charged under Article 5 paragraph (2) of the Corruption Law, but Urip Tri Gunawan was convicted under Article 12 b of the Corruption Act while Ahmad Fauzi was sentenced to criminal under Article 5 paragraph (2) of the Corruption Law. In fact, the two norms are in the same law, but have elements of a similar criminal act, and each defendant is a civil servant or administrator who acts as a bribe recipient, which in turn results in differences in the imposition of criminal sanctions, both criminal. imprisonment, criminal fines, and subicidarity. Second, the impact of law enforcement on the criminal act of bribery based on the provisions of Article 5 paragraph (1) and paragraph (2) as well as Article 12 letters a and b of the Corruption Act is the finding of obstacles from legal factors (substance) and law enforcement factors, especially judges. From legal factors, there is legal uncertainty in the form of repeating norms in terms of the similarity of the elements of a criminal act in the provisions of Article 5 paragraph (2) in conjunction with Article 5 paragraph (1) letters a and b of the Corruption Act with Article 12 letter a of the Corruption Law, but -Each threat of different criminal sanctions. The impact is similar when viewed from the factor of law enforcers, especially judges, namely there is disparity in the imposition of criminal sanctions by judges because the two norms, although they have elements of similar criminal acts, contain different threats of criminal sanctions. Third, the policy for the formulation of criminal acts of bribery in the future is a judicial review of the provisions of Article 5 paragraph (2) in conjunction with Article 5 paragraph (1) letters a and b and Article 12 letter a of the Corruption Act to the Constitutional Court because the a quo articles contain the same elements of a criminal act but different in the threat of criminal sanctions can potentially discriminate against and harm constitutional rights and justice for citizens so that the a quo articles become loopholes for "bargaining" or "buying and selling" the application of the imposition of criminal decisions. Such matters are contrary to the constitution as stipulated in Article 1 paragraph (3), Article 27 paragraph (1), and Article 28D paragraph (1) of the 1945 Constitution, and therefore the provisions of Article 12 letters a and b of the Corruption Act can be sued to be abolished.

Item Type:	Thesis (Master)
Uncontrolled Keywords:	Corruption Crime; Bribery
Subjects:	K Law > K Law (General) > K100-103 Legal education
Divisions:	02-Faculty of Law > 74101-Law (S2)
Depositing User:	Users 10358 not found.
Date Deposited:	12 Mar 2021 02:18
Last Modified:	12 Mar 2021 02:19
URI:	http://repository.unsri.ac.id/id/eprint/43643

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