CD Skripsi
Kebijakan Non Penal Dalam Penanggulangan Tindak Pidana Korupsi Yang Dilakukan Oleh Aparatur Pejabat Pemerintahan Daerah
ABSTRACT
Since the enactment of Law Number 31 of 1999 concerning the Eradication of Criminal Acts
of Corruption and the amendment to Law Number 20 of 2001 concerning the Eradication of Criminal
Acts of Corruption, it has not yet reached the point of success expected in Indonesia. This itself uses a
penal policy (criminal law policy), but the penal policy is not effective in eradicating corruption,
therefore other policies are needed, namely non-penal policies (policies outside of criminal law) in
eradicating corruption.
This research will be structured using normative juridical research, namely research that is
focused on examining the application of rules or norms in positive law. The approach used in this
research is to use a normative approach that is using the principle of legality. Data sources are supported
by primary data sources, secondary data, and tertiary data. The data collection technique used is
literature review. After the data is collected, it is analyzed qualitatively, and draws conclusions using
the deductivemethod of thinking, namely analyzing the problem from a general form to a special form.
From the results of the authors in this study are:
1. To find out the factors that cause corruption committed by local government officials, namely
monopoly of power: regional heads have power in managing the APBD budget with the existence
of a dynasty of power causing regional heads to commit corruption crimes through bribes and
gratuities. Discretionary policy: regional heads issue what is not in the APBD, regional heads look
for loopholes to create expenditures to cover these costs, so regional heads commit criminal acts
of corruption for both official and personal interests. Weak accountability: lack of transparency in
asset management budget expenditures and in the procurement of goods and services. Other
factors: expensive post-conflict local election costs, lack of competence in regional financial
management, lack of understanding of regulations, and understanding of the wrong cultural
concept.
2. To find out the efforts of non-penal policies in overcoming corruption crimes carried out by local
government officials, namely through civil forfeiture: confiscation in a criminal case carried out
for several purposes. Through religion: by creating religious communities in accordance with their
respective religions and beliefs. Through education: a good understanding of the law, knowledge
of the science of criminal law and the science of God Almighty will create a good culture for law
enforcers to have.
Keywords: Corruption-Policy-Nonpenal
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