Proceedings of the 3rd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2023, 6 May 2023, Salatiga, Central Java, Indonesia

Research Article

Formulation of Criminal Law Policy on Corruption Crimes Committed by Regional Officials

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  • @INPROCEEDINGS{10.4108/eai.6-5-2023.2333472,
        author={Ekka Sakti Koeswanto and Megawati  Barthos and Evita Isretno Israhadi},
        title={Formulation of Criminal Law Policy on Corruption Crimes Committed by Regional Officials},
        proceedings={Proceedings of the 3rd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2023, 6 May 2023, Salatiga, Central Java, Indonesia},
        publisher={EAI},
        proceedings_a={ICLSSEE},
        year={2023},
        month={7},
        keywords={formulation; legal policy; criminal; corruption; local officials},
        doi={10.4108/eai.6-5-2023.2333472}
    }
    
  • Ekka Sakti Koeswanto
    Megawati Barthos
    Evita Isretno Israhadi
    Year: 2023
    Formulation of Criminal Law Policy on Corruption Crimes Committed by Regional Officials
    ICLSSEE
    EAI
    DOI: 10.4108/eai.6-5-2023.2333472
Ekka Sakti Koeswanto1,*, Megawati Barthos1, Evita Isretno Israhadi1
  • 1: Universitas Borobudur, Indonesia
*Contact email: ekkasakti1981@gmail.com

Abstract

The formulation of the Criminal Law policy in the framework of handling corruption in the future has been attempted, namely through the formulation of the Corruption Crime Eradication Bill (August 2008 Manuscript). The concept of the Corruption Crime Eradication Bill refers to the 2003 UNCAC Convention. The criminal system formulation in the Corruption Crime Eradication Law No.31 of 1999 Jo. Law No. 20 of 2001 regulates the elements and groupings of criminal acts of corruption, there is no formulation regarding the criminal system which specifically regulates corruption crimes committed by regional officials, there is only a qualification for criminal acts of corruption that fulfill elements the subject is a Regional Official. Because punishment is related to the maximum specified for perpetrators of corruption whose subject qualifications are regional officials, it is only in the form of imprisonment for a maximum of 20 years or life imprisonment, not subject to the death penalty or other special maximum alternative sanctions. It is ironic. Bearing in mind that in Article 2 of the Law on the Eradication of Criminal Acts of Corruption No. 31 of 1999 Jo. Law No. 20 of 2001, whose subject qualifications are not regional officials/state administrators, regulates capital punishment.