Perbandingan Penerapan Criminal Based dan Non Criminal Based oleh Jaksa Penuntut Umum terhadap Korporasi Pelaku Tindak Pidana Korupsi

Abstract

The authority of the Attorney General to investigate a criminal offense is specified in some legal provisions, especially in investigating corruption criminal offenses. The research problems are as follows: how about the regulation of the authority of public prosecutors in investigating a corporation as the perpetrator of corruption criminal offense, how about the difference of criminal based and non criminal based implementation by public prosecutors in investigating a corporation as perpetrator of corruption criminal offense in Indonesia, and how about the obstacles in applying a corporation as the perpetrator of corruption criminal offense in Indonesia. The research uses a descriptive-analytic method with normative juridical approach, referring to legal norms. Secondary data are obtained from primary, secondary, and tertiary legal materials. They are gathered by conducting library research and interview and analyzed qualitatively. The result of the research shows that the regulation of the authority of public executors in investigating a corporation as the perpetrator of corruption criminal offense is based on Article 30 (1) (d) of Law No. 16/2004 on Attorney. The Criminal Based implementation is more successful in investigating a corporation as the perpetrator of corruption criminal offense than non-criminal based implementation by public prosecutors. Some obstacles in the criminal based and non-criminal-based implementation by public prosecutors in investigating a corporation as the perpetrator of corruption criminal offense in Indonesia are legal factors, legal enforcement, facility and infrastructure, public, and culture.