CD Skripsi
Analisis Yuridis Surat Edaran Jaksa Agung Nomor B-1113/F/F.D.1/05/2010 Dengan Pasal 4 Undang-Undang Nomor 20 Tahun 2001 Tentang Perubahan Atas Undang-Undang Nomor 31 Tahun 1999 Tentang Pemberantasan Tindak Pidana Korupsi
ABSTRACT
Circular of the Attorney General Number B-1113/F/F.d.1/05/2010, issued
by the Attorney General's Office on Achievements in Handling Corruption Crime
Cases. considered less effective, because the operational costs incurred to deal
with corruption cases are very large. This is not comparable to the loss to the
state for the criminal act of corruption committed, but the provisions governing
the criminal act of corruption regarding the return of state financial losses have
been explained in Article 4 of the Corruption Crime Act. Therefore, the purpose of
this thesis research is first, to find out the position of the Attorney General's
Circular Letter Number B-1113/Fd.01/05/2010 in relation to Article 4 of Law No.
20 of 2001 concerning the Eradication of Corruption. Second, find out what the
legal consequences are for cases that are terminated with the Attorney General's
Circular Letter Number B-1113/F/Fd.01/05/2010.
This type of research can be classified into the type of normative legal
research. This study used secondary data consisting of primary legal materials,
secondary legal materials, tertiary legal materials and data collection techniques
were carried out using the library study method.
From the results of the research problem there are three main things that
can be concluded. First, the principle of conformity of laws and regulations that
are lower in level may not deviate or differ from laws and regulations that are
above it or higher, in accordance with the principle of lex superior derogate legi
inferiori. Second, that the legal consequences for cases that were stopped with the
Attorney General's Circular Letter Number B-1113/F/Fd.01/05/2010 are the
emergence of legal uncertainty in it, as well as legal injustice in the midst of
society. Third, the application of restorative justice in order to prioritize a sense
of justice for the community if it is associated with the objective of punishment
that action must be taken to provide a sense of a deterrent effect on perpetrators
of corruption. The author's suggestion is First, changes must be made to the
Attorney General's Circular Letter Number B-1113/F/F.D/05/2010 so that it is in
line with Article 4 of Law number 20 of 2001. Second, To provide clarity
regarding the application of this circular letter in Indonesia Changes must be
made so that the public is also satisfied with the punishments and sanctions given
if this circular letter is implemented. Third, it should be to provide legal certainty
in Indonesia to the public so as not to lose public trust in the prosecutor's office,
especially in handling cases of corruption,
Keywords: Corruption Crime, Prosecutor's Office, Prosecutor's Circular Letter
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