Kebijakan Formulasi Sanksi Pidana terhadap Pelaku Tindak Pidana Korupsi

Abstract

Corruption is one of the extraordinary crime (Extra Ordinary Crimes), because it has damaged not only the State 's financial and economic potential of the State, but also has devastated the pillars of socio-cultural, moral, political, and legal order and national security. Corruption in the response and eradication no longer be done in a regular, but required extraordinary means (Extra Ordinary Enforcement). The problems discussed in this study are as follows: 1. How does the policy formulation of criminal sanctions against perpetrators of corruption in an effort to eradicate corruption in Indonesia ?; 2. How does the application of criminal sanctions against the perpetrators of corruption when viewed in the formulation of the offense in article 2 and article 3 of the Law No. 31 of 1999 Jo. Act No. 20 of2001 on the eradication of corruption The type of research conducted in this study is the normative juridical done by examining library materials is called secondary data and also with legal research literature. The nature of this research is descriptive analysis aimed to describe, inventory and analyze the theories and regulations relating to the issues in this research. Data collection techniques used in this study was through literature research (library research) data obtained through the study of literature shall be construed or interpreted to obtain the suitability of the application of the rules associated with the issue being studied and systematized, resulting in a classification that is consistent with the problems in this study . Based on the results of this study against the perpetrators of corruption that can potentially harm the state's financial I economic state prevention and eradication pursued through criminal sanctions policy formulation. Policy formulation is a criminal sanction in formulating policy and establishes criminal sanctions against perpetrators of corruption in which, in order to achieve more effective for preventing and combating corruption, UUPTPK establishes criminal sanctions against perpetrators of criminal threats by determining the specific minimum, criminal penalties higher, and the threat of the death penalty which is a criminal and load weighting imprisonment for perpetrators of corruption that can not pay the additional criminal restitution of state losses. Sanctions in the legislation combating corruption is intended that the perpetrator did not commit a crime or to repeat the crime and the deterrent effect on offenders. Prevention and eradication of corruption through a policy formulation in addition to formulate and establish criminal sanctions in the UUPTPK, the application of criminal sanctions against perpetrators of corruption are also required. Application of sanctions against the perpetrators of the offense can be seen based on the formulation of article 2 and article 3 UUPTP K, where in the article may unlawfully harm the state 's financial/economic state. Criminal sanction~ imposed on the perpetrators of corruption, especially in some of the Medan District Court decisions is imprisonment, criminal fines, imprisonment and the death penalty can be imposed under certain circumstances: Appropriate formulation of the offense in article 2 and 3 UUPTPK, against the perpetrators of corruption even though the results have been returned to the country of corruption, the perpetrators of corruption remains submitted to the court and remain convicted. Indemnification of state's financial/ economic state does not abolish convicted criminals as referred to in article 2 and article 3. Indemnification of the state/economic state is one factor that mitigates punishment for the perpetrators.