CD Skripsi
Eksistensi Pidana Minimum Khusus Dalam Mencegah Dan Memberantas Tindak Pidana Korupsi Di Indonesia
ABSTRACT
Crime is a serious criminal act whose punishment can be in the form of a
fine, imprisonment and death penalty, sometimes it is added to the punishment of
confiscation of certain items and revocation of certain rights. One of the most
dangerous crimes in Indonesia is corruption which is a white collar crime and an
extraordinary crime. The legal umbrella in dealing with criminal acts of
corruption in Indonesia to date is Law Number 20 of 2001 concerning
Amendments to Law Number 31 of 1999 concerning the Eradication of
Corruption Crimes, in which the Law contains a special minimum sentence as a
reflection of the principle of legality which contains elements of legal certainty
and also as an effort to achieve more effective goals to prevent and eradicate
corruption in Indonesia. However, judging from the number of decisions on
corruption offenses over the past 9 (nine) years, which amounted to 21,338
decisions, this proves that the specific minimum sentence contained in the law has
not been able to achieve its goals.
This research is a normative research using a statute approach to determine
legal principles and norms which are criminal law policies in formulating specific
minimum criminal concepts that are appropriate in preventing and eradicating
criminal acts of corruption, using secondary data as data sources. The method of
collecting data in a normative juridical approach in this study uses library
research techniques. The purpose of this study is to determine the existence of a
special minimum sentence in preventing and eradicating corruption in Indonesia
and to find out the appropriate concept of a special minimum sentence in
preventing and eradicating corruption in Indonesia from a criminal perspective.
From this study, it can be concluded that the special minimum sentence
contained in the Corruption Eradication Act in terms of its implementation is in
accordance with laws and regulations, but in terms of effectiveness, the special
minimum sentence has not been able to achieve its goal, namely preventing and
eradicating corruption. corruption in Indonesia. Therefore, it is necessary to
update the special minimum sentence contained in the law on the eradication of
criminal acts of corruption, which is made more severe by taking into account the
past or the crime itself and also by paying attention to the future or the purpose of
imposing a sentence on the perpetrators of corruption. Thus the special minimum
sentence can reflect how dangerous the consequences or impacts of corruption
are both for the state and for all Indonesian people, and this can result in general
prevention and specific prevention so that the special minimum crime can achieve
its own goals, namely preventing and eradicating corruption in Indonesia.
Keywords : existence – Specific Minimum Punishment – Corruption
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