Karya Ilmiah
Disertasi (306) - Pemufakatan Jahat dalam Tindak Pidana Korupsi
The conspiracy in Article 15 of the PTPK Act can’t refer to the formulation of
Article 88 of the Criminal Code. The criminal conspiracy in the PTPK Act is
clearly regulated and law enforcement officials know the intended conspiracy
concept but the absence of an explanation or the concept of conspiracy in the
PTPK Act prevents law enforcement officials from using the provisions of Article
15 of the PTPK Act to prevent corruption. The Constitutional Court seeks to
resolve the problem in the void of the concept of conspiracy in Article 15 of the
PTPK Act but instead makes it difficult for law enforcement officials to apply the
conspiracy as referred to in Article 15 of the PTPK Act.
The philosophy of conspiracy as a criminal in eradicating corruption is a
corruption can disrupt the stability of the economy, politics and security of the
country, as an effort to protect state finances and national development, corruption
is an extraordinary crime, extraordinary efforts in prevention and eradication
corruption and preventing corruption take precedence over eradication. State
financial losses will increase if law enforcement fails to recover state financial
losses while on the other hand the state has incurred costs to finance the
enforcement process and the cost of living convicted of corruption. The concept
of conspiracy in the PTPK Act as ius constituendum is conspiracy to corruption
occurs if two or more people who have quality and interests, agree to commit
corruption as referred to in Article 2, Article 3, Article 5, up to Article 13 of the
PTPK Act.
Keywords: Corruption, Conspiracy, Ius Constituendum
031527017312 | 306 | Ruang Disertasi | Tersedia |
Tidak tersedia versi lain