CD Tesis
Penerapan Ajaran Melawan Hukum Terhadap Tindak Pidana Korupsi Yang Melanggar Pasal 2 Undang-Undang No. 31 Tahun 1999 Jo Undang-Undang Nomor 20 Tahun 2001 Tentang Pemberantasan Tindak Pidana Korupsi (Study Terhadap Tindak Pidana Yang Diputus Setelah Putusan Mahkamah Konstitusi Nomor 003/PUU-IV/2006)
Unlawful theory against corruption in violation of article 2 paragraph 1 under law number 31 of 1999 jo law number 20 of 2001 as explained in the explanation of article 2 paragraph 1 is covering against the law in formal and material terms. But with the decision of the constitutional court, the theory against the law that must be applied in the provisions of article 2 paragraph 1 of law number 31 of 1999 jo law number 20 of 2001 is formally against the law. Related to this matter, it becomes important to know how theory against the law is applied in court, which is then formulated in the formulation of the problem as follows : (1). How is the application of theory against the law against corruption that violates the provisions of article 2 of law number 31 of 1999 jo law number 20 of 2001 after the ruling of the constitutional court number 003/PUU-IV/2006. (2). How to punish criminals who violate the provisions of article 2 of law number 31 of 1999 jo law number 20 of 2001 after the ruling of the constitutional court number 003/PUU-IV/2006
Research result show that the application of theory against the law which is applied after the decision of constitutional court number 003/PUU-IV/2006 is theory against the law in both formal and material terms, with the consideration that the judge is bound by the provisions of the article “the judge must explore, discover, and apply the law that develops in society.” Other than that is has an impact on the punishment received by the defendant which consists of a basic criminal in the form of prison and fines as well as an additional criminal in the form of payment of compensation money in the amount of the amount enjoyed from the corruption.
Keywords : Theory against the law, corruption, the decision of the constitutional court.
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