Sistem Pertanggungjawaban Pidana terhadap Pelaku Tindak Pidana Korupsi melalui Pendekatan Perbuatan Melawan Hukum Materil

Abstract

The seriousness of the government in eradicating the criminal act of corruption is seen by the issuance of Law No.20/2001 on the Amendment of Law No.31/1999 on Corruption Eradication and this action has brought a change providing legal certainty, eliminating various interpretations and fair deal in corruption eradication, in the framework of asking the responsibility of the corruptors related to their action against the material law. Based on the criminal responsibility adopted by Law on Corruption Eradication, the formulation of offense related to any action against the law in terms of material is regulated in Articles 2 and 3 of Law on Eradication of Criminal Act of Corruption. The contents of these articles require several characteristics of the criminal act elements and one of them is the action against the law which in its application in judicial system of criminal act of corruption becomes a problem especially the things related to the action against material law. The problems to solve in this study were including the characteristics, criminal responsibility system, and constraints faced in the application of criminal responsibility through the action against material law approach. This analytical descriptive study with normative legal approach described, analyzed and explained the criminal responsibility system to the corruptors through the approach of the action against material law. The data obtained were analyzed through qualitative approach. The characteristics of criminal act of corruption in the Law on Eradication of Criminal Act of Corruption are related to the action against the law. In the explanation of Law on Eradication of Criminal Act of Corruption, what is meant by "in contravention of law" included the action against the formal or material laws. Meaning, even though the action is not regulated in the regulation of legislation, but if the action is regarded being reprehensible due to its incompatibility with the sense of justice or the norms of social life in the society, the action can be convicted. The action against the law in the corruption responsibility system follows the conception of action against the law in terms of its negative or positive functions. The constraints related to the application of corruption responsibility through the approach of action against material law are that, in the framework of corruption eradication, some judicial institutions apply and some do not apply it after the issuance of the Decision made by the Constitutional Court.