Additional Criminal Penalties in Eradication of Criminal Acts of Corruption
Amrin,Rodliyah,Ufran
Abstract
Corruption is a crime classified as having multidimensional and multi-faceted impacts. Therefore, addressing it through criminal law requires an approach that not only uses principal penalties but also requires additional penalties. The purpose of this research is to analyze corruption policy. law about arrangement criminal addition in eradication action criminal corruption moment This. The second goal is to understand and reflect on the implementation criminal addition to perpetrator action criminal corruption by law enforcement legal research. The method used in this research is normative legal research. The approaches used are conceptual approach, legislative approach, and case approach. The conclusion is that legal policy regarding arrangement criminal addition in eradication action criminal corruption which exists moment This is clearly stipulated in Article 10 of the Criminal Code and Article 18 of the Corruption Law. Additional penalties are also regulated in Supreme Court Regulation Number 5 of 2014 concerning Additional Penalties in the Form of Compensation in Corruption Crimes. Furthermore, the regulation of additional penalties is strengthened by Constitutional Court Decision Number 4/PUU-VII/2009, dated March 24, 2009, concerning the Affirmation that the penalty of revocation of political rights is constitutional and when imposed on convicts or perpetrators of corruption is based on valid legal grounds. Additional penalties have also increased in type in relation to the provisions contained in Law No. 1 of 2023, which will also likely be applied to convicts of corruption in the future. Second, the application criminal additional related actions criminal Corruption by law enforcement is quite dynamic from one case to another. The panel of judges always applies additional penalties to complement the principal penalties imposed on perpetrators involved in corruption. The judge's reasoning is generally because corruption is a serious crime that harms the state's finances and economy, so it is reasonable to impose additional penalties in the form of compensatory monetary penalties, guided by Supreme Court Regulation Number 1 of 2020. The application of additional penalties in the form of revocation of political rights has also been applied to several perpetrators of corruption committed by public officials. These public officials are generally political figures who become public officials due to the results of general elections or regional head elections. This application of law is deemed appropriate to fulfill the objectives of criminal punishment, both in terms of utility and the hope of a deterrent effect.
