Karya Ilmiah

DISERTASI (273) - Pemidanaan Bersyarat Dalam Tindak Pidana Korupsi

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The title dissertation discusses and analyzes legal issues related to
conditional conviction as punishment in corruption court. They are: the
philosophy of conditional conviction and corruption as criminal act, the
characteristics of conditional conviction in punishment system, and ratio
decidendi of conditional conviction verdict in corruption crime punishment.
The dissertation applies normative law research. It utilizes several
approaches, namely statute approach, conceptual approach, case approach.
This research concludes that: 1) the implementation of conditional conviction is a
universal, and based on theoretical frameworks originating from socio-cultural
values of the nation (i.e. Pancasila and 1945 Constitution); 2) Conditional
conviction is a punishment system in in the criminal law. The intention of
criminal law is not only to punish or make its violators sorrow. It also attempts to
educate, develop, and prevent people from carrying out criminal act; 3) the
consideration of a judge in imposingconditional conviction verdict does not
violate the constitution. A judge has a maximum penalty and minimum penalty
policy, as well as judges have freedom of criminal policy.
The implementation of conditional conviction as corruption crime
punishment has been in accordance with the objectives of punishment according
to integrative punishment theory. Therefore the provisions of regulations,
especially law concerning corruption crime should reformulate the provisions
concerning the procedures of punishment implementation. Prison sentence
(deprivation of liberty) is a universal problem and has been the main concern of
United Nation as proposed in UN Congress concerning “Criminal Prevention and
Inmate Development” in 1970, 1975, and 1980. Furthermore, the third UN
Congress held in Stockholm 1965 has been focused on discussing probation for
adults and non-constitutional acts. Therefore, we must carefully find out and
formulate the alternatives for liberty deprivation punishment (prison) namely by
optimizing the function of conditional conviction institution in criminal verdicts,
including in corruption crime. Policies concerning punishment system for
corruption crime require some improvements in the future. The improvements
need to be considered in order to formulate more comprehensive.
Keywords: Conditional conviction, Punishment, Corruption Crime

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Ketersediaan

031227017326

273

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

273

Penerbit

Surabaya : Fakultas Hukum Unair., 2019

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

KORUPSI

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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