CD Skripsi

Tinjauan Yuridis Penurunan Sanksi Pidana Penjara Tindak Pidana Korupsi Dalam Undang-Undang Nomor 1 Tahun 2023 Tentang Kitab Undang-Undang Hukum Pidana

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Corruption has been considered a phenomenon that is difficult to overcome in the history of the Indonesian nation, so there should be no compromise whatsoever with corruption. Indonesia should apply the Zero Tolerance principle for corruptors. In the new Criminal Code which was passed into law on January 1 2023, there are significant changes regarding the specific minimum threat of imprisonment for criminal acts of corruption. This threat is regulated in Article 603, which is an improvement on Article 2 paragraph (1) of the Corruption Eradication Law which was previously in force. The minimum threat stipulated in Article 603 turns out to be lower than that stated in the previous regulations, especially in Article 2 paragraph (1), which is the mainstay article in prosecuting corruption cases.
This research is classified as a normative juridical research type. The data used is primary data and secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The data collection technique uses the literature review method, namely presenting and analyzing data from several sources such as laws, draft laws, books and opinions of criminal law experts. This research was then analyzed descriptively qualitatively. The conclusion drawing technique used is a deductive mindset.
The results of this research are that the threat of minimum criminal sanctions for perpetrators of corruption is lighter, motivated by a change in the paradigm for eradicating corruption. The paradigm used is that efforts to eradicate corruption focus on saving state money rather than increasing prison sentences for perpetrators. Looking ahead to corruption as a financial crime, imprisonment is not the main thing, but how the money that has been stolen is returned to the state. Impoverishing punishment for corruptors is one of the punishments that utilizes logic and a mature understanding of the meaning of impoverishing corruptors. The impoverishment of corruptors in question is the confiscation of all assets or property obtained from criminal acts of corruption which aims to reduce, limit and prevent perpetrators from committing other criminal acts, as well as prioritizing legal objectives and human rights. Where the crime of corruption is an extraordinary crime orextraordinary crime and handling is also necessaryextraordinary effort. The amount of reimbursement for state financial losses from corruption in the form of compensation for state financial losses needs to be increased. Apart from that, the perpetrator's assets or assets need to be confiscated, confiscated and auctioned off as compensation for state financial losses. For this reason, the Asset Confiscation Bill needs to be immediately ratified as a legal basis for confiscating assets from the proceeds of corruption. Corruption perpetrators should not be subject to high prison sentences, but rather with additional penalties in the form of confiscation of all assets of those involved in corruption crimes resulting from corruption crimes. This is in accordance with legal principlesIt is not expedient for the asas to be evil, namely that the perpetrator of the crime must not enjoy the proceeds of his crime

Keywords : Corruption, State Losses, Recovery Assets

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1909124308

Penerbit

Pekanbaru : Universitas Riau - F. Hukum - Hukum Pidana., 2023

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1909124308

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Vina

Versi lain/terkait

Lampiran Berkas

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