Corruption in Terms Legal Indonesia

Abstract

Corruption in Law No. 31 of 1999, not specified in accordance with the elements of a criminal offense in the formulation of the article, only refer only to the relevant chapters. While in Law No. 20 of 2001, which modify and add law No. 31 of 1999, in which the articles designated or related, elements specified, intended in chapters that new corruption. Are classified as criminal offenses Bribery group; group of criminal acts fraudulent act; group of criminal offenses or falsifying books examination list, group the crime of embezzlement; group a criminal offense receive a gift or pledge.

Element against the law in corruption polemical and problems in proving the "tort" in both the formal and material terms. Tort material in corruption experienced a state of suspended animation by the Constitutional Court Decision Number 033 / PUU-IV / 2006 dated July 25, 2006, which has eliminated the dimension tort materially. Arguments as a ratio decidenci Constitutional Court decision, namely, first, worth and qualified morality and sense of justice are recognized in society, varying from one region to another, two, studied from the practice of the establishment of laws and legislation are good, which is also recognized legally binding, the explanation serves to explain the substance of norms contained in articles and not add a new norm, moreover contains a substance that is completely contrary to the new norms described. Third, with regard to the legality principle in Article 1, paragraph (1) of the Criminal Code, the demand for legal certainty, which the person may be prosecuted and judged on the basis of a written law (lex scripta) that have been there first. Fourth, the concept of unlawful material (materiele wederrechtelijkheid) with a starting point in the law is not written in the size of propriety, prudence and precision that live in the community as a norm of justice, is a measure of uncertainty, and vary from one society to certain other public environments.