CD Tesis

Kebijakan Hukum Pemidanaan Pelaku Tindak Pidana Korupsi Yang Telah Mengembalikan Kerugian Keuangan Negara Dari Perspektif Keadilan

---

The criminal law policy based on Article 4 of Law Number 31 of 1999
concerning the Eradication of Corruption Crimes states that the return of state
financial losses does not remove the crime and as a mitigating factor, but the reality of
the return of state financial losses is not a consideration for the judge to commute the
sentence that will be imposed on the defendant. The issues studied regarding the Legal
Policy on the punishment of perpetrators of corruption crimes who have returned state
financial losses based on the provisions of Article 4 of Law No. 31 of 1999 concerning
the Eradication of Corruption Crimes and analyzing the renewal of the law on the
punishment of perpetrators of corruption crimes that have returned state financial
losses from the perspective of justice.
This type of research method is legal research with a normative juridical
approach that focuses on synchronizing laws, principles and legal doctrines. The data
studied are library materials or secondary data, and tertiary legal materials, then
interpreted and analyzed normatively qualitatively in the form of sentences that are
orderly, logically directed, do not overlap and are effective, then discussed and
presented descriptively.
The philosophy of formulating the sentencing policy in the Corruption Law is
to prevent others from committing similar acts, improve the behavior of convicts and
restore state finances. The sentencing policy in Article 4 of the Corruption Law is not
in accordance with the current situation and conditions because there has been a
paradigm shift in punishment which was originally retaliation to coaching. The review
and assessment of the central values, namely socio-political, socio-philosophical and
socio-cultural, as stated in Article 4 of the Corruption Law, can be concluded that the
punishment policy in Article 4 has not met the requirements of justice and usefulness.
Therefore, it is necessary to update the corruption criminal law regarding the
regulation of the main types of criminal offenses in the form of social work crimes that
can be an alternative to imprisonment and the formulation of the concept of plea
bargaining as a procedural law for corruption at the prosecution stage carried out by
the public prosecutor and legal counsel of the defendant / defendant to optimize the
return of state financial losses and accommodate the rights of the defendant to the
return of state losses.
Keywords: Legal Policy - Punishment - Corruption – Legal Reform

---

Ketersediaan

Informasi Detail

Judul Seri

-

No. Panggil

2010241991

Penerbit

Pekanbaru : Universitas Riau – Pascasarjana – Tesis Ilmu Hukum., 2023

Deskripsi Fisik

-

Bahasa

Indonesia

ISBN/ISSN

-

Klasifikasi

2010241991

Tipe Isi

-

Tipe Media

-

Tipe Pembawa

-

Edisi

-

Subjek

ILMU HUKUM

Info Detail Spesifik

-

Pernyataan Tanggungjawab

FATAH

Versi lain/terkait

Lampiran Berkas

Komentar

---

Anda harus masuk sebelum memberikan komentar