Proceedings of the 1st International Conference on Education, Humanities, Health and Agriculture, ICEHHA 2021, 3-4 June 2021, Ruteng, Flores, Indonesia

Research Article

Deconstruction of Common-Sense Paradigm in Law Enforcement Against Corruption Crime

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  • @INPROCEEDINGS{10.4108/eai.3-6-2021.2310823,
        author={Deni Setya Bagus Yuherawan and Rocky  Marbun},
        title={Deconstruction of Common-Sense Paradigm in Law Enforcement Against Corruption Crime},
        proceedings={Proceedings of the 1st International Conference on Education, Humanities, Health and Agriculture, ICEHHA 2021, 3-4 June 2021, Ruteng, Flores, Indonesia},
        publisher={EAI},
        proceedings_a={ICEHHA},
        year={2021},
        month={8},
        keywords={deconstruction; corruption; common sense; law enforcement},
        doi={10.4108/eai.3-6-2021.2310823}
    }
    
  • Deni Setya Bagus Yuherawan
    Rocky Marbun
    Year: 2021
    Deconstruction of Common-Sense Paradigm in Law Enforcement Against Corruption Crime
    ICEHHA
    EAI
    DOI: 10.4108/eai.3-6-2021.2310823
Deni Setya Bagus Yuherawan1,*, Rocky Marbun2
  • 1: Fakultas Hukum Universitas Trunojoyo Madura, Madura
  • 2: Fakultas Hukum Universitas Pancasila, Jagakarsa, Jakarta
*Contact email: deniyuherawan@trunojoyo.ac.id

Abstract

Law enforcement against criminal acts that rests on the principle of premium remedium as stipulated in Law Number 31 of 1999 concerning Eradication of Corruption, which was most recently amended through Law Number 20 of 2001. As a result, this legal principle has become common sense in the process. law enforcement, so that axiologically, recovering state losses is not the goal of the law. However, imposing imprisonment is common sense. This study aims to reveal the existence of legal logic that is marginalized in the series of authoritative texts. The method used in this research is a normative juridical method using a deconstruction approach and a critical discourse analysis approach. The result of this research is an attempt to silence Article 14 in Law No. 31/1999 so that it is not implemented consistently and consistently.