Kebijakan Reformulasi terhadap Tindak Pidana dan Sanksi Pidana dalam Tindak Pidana Korupsi

Abstract

A criminal act of corruption is an extraordinary crime with clear threat for the life of the nation and state. This kind of criminal act blocks the stages of the development implemented by the state. Since this criminal act is going on in Indonesia, the state with its apparatuses needs to effectively utilize the penal facility through the improvement of criminal law regulating this criminal act. In the attempt to formulate the new law on criminal act of corruption, the elements of criminal act of corruption which are different from those stated in the existing Law on Corruption Elimination are formulated, but several limitations in applying the criminal sanction for several formulas of criminal act of corruption are still found. In relation to this, the purpose of this study was to find out how delik (offense) is formulated in Articles 2 and 3 of Law on Corruption Elimination and how the form of the policy of offense reformulation and criminal sanction in the attempt to eliminate the criminal act of corruption in the future will be. Related to the formulation of criminal act of corruption in Article 2, initially, based on the explanation of Article 2, its nature which was against the material law could be used, only it has be ruled out through then Decision of Constitutional Court. Basically, this Article is used for those without authority or position. Then, Article 3 is used for those with authority or position as administrator or civil servant or someone in a corporation. Both Articles are intended to any action which can inflict financial or economic loss to the state. The formulation of the elements of criminal act of corruption in Article 2 and Article 3, especially in its element of offense, has been well improved in the Draft of Law on Corruption Elimination 2012. Yet, there are still many limitations or weaknesses in terms of the formulation of criminal sanctions formulated in the Draft of Law on Corruption Elimination 201.1 and 2012. The current attempt to enhance the elimination of criminal act of corruption needs to be done through the reinforcement of juridical construction mastery in several weak points of the existing Law on Corruption Elimination by the sub-~ystem of criminal court. In the future, the criminal sanctions needs to be enhanced and the formulation of criminal act needs to be improved through the synergistic legislative policy by the legislation forming authority holders.