PERTANGGUNGJAWABAN PIDANA PELAKU TINDAK PIDANA KORUPSI YANG SAKIT PERMANEN
Prevention and eradication of corruption in Indonesia has been done using various approaches but there is one problem that until now has not received the attention of the legislator. Permanent sick is a real problem that must be faced in the prevention and eradication of corruption that has not b...
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| Main Author: | |
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| Format: | Theses and Dissertations NonPeerReviewed |
| Language: | Indonesian Indonesian |
| Published: |
2018
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| Subjects: | |
| Online Access: | http://repository.unair.ac.id/74312/1/Dis.%20H.%2026-18%20Sad%20p%20Abstrak.pdf http://repository.unair.ac.id/74312/2/Dis.%20H.%2026-18%20Sad%20p.pdf http://repository.unair.ac.id/74312/ http://lib.unair.ac.id |
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| Institution: | Universitas Airlangga |
| Language: | Indonesian Indonesian |
| Summary: | Prevention and eradication of corruption in Indonesia has been done using various
approaches but there is one problem that until now has not received the attention
of the legislator. Permanent sick is a real problem that must be faced in the
prevention and eradication of corruption that has not been regulated in the PTPK
Act. The legal consequences of permanent sick in the prevention and eradication
of corruption is the obstruction of law enforcement process against perpetrators of
corrupt acts that are permanently ill because the perpetrator in a state unfit to
stand trial. Since the prosecution of a perpetrator of a permanently sick can’t be
done, the return of the state financial loss as one of the objectives of crime in the
PTPK Act should be prioritized.
Perpetrators of corruption of permanent sick may be held criminally liable but
such criminal responsibility can’t be prosecuted because the perpetrator is in a
permanent sick. Additional criminal sanction in the form of plundering the
property of a permanently sick defendant is an alternative of criminal
responsibilitty for perpetrators of corruption of permanent sick. The deprivation of
corruption perpetrators who are suffering from permanent sick without a principal
examination of the case is a new paradigm in the prevention and eradication of
corruption and an extraordinary way to accelerate the state financial loss, legal
certainty in the state financial loss and sense of justice given by the government to
a society whose rights have been violated. The deprivation of the perpetrators of
corruption of permanent sick by promoting the principle of presumption of guilt is
a reflection of retaliation for the criminal act of corruption committed so as to
provide a deterrent effect and balance between the perpetrators and the people
who become victims of corruption. |
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