| dc.description.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. | en_US |
