| dc.description.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. | en_US |
