PENEGAKAN HUKUM DAN PELAKSANAAN PIDANA PENJARA SEBAGAI SARANA PENANGGULANGAN TINDAK PIDANA KORUPSI DI INDONESIA

Herwanto Herwanto

Abstract


ABSTRACT

The use of imprisonment for convicted of corruption is not effective, a lot of corruption defendants sentenced to prison, but the numbers of corruption in Indonesia is not decreasing but increasing every year. One of the factors that drive the increasing number of corruption in Indonesia is the penalty imposed for the corrupt judges in Indonesia is still relatively mild, even tend to be reduced and then excused, it is not suprising if the criminals seem not feel deterrent to criminal sanction imposed. So the challenge for law enforcement agencies is how to make the punishment given to make the corrupt deterrent and make athers fear for corruption. So not only imprisoned and fined, but also gave birth to taste deterrent, shame, and fear. This deterrent effect it is very important to minimize corruption in Indonesia from year to year.

            This study used normative legal approach (normative juridical) by using secondary data based primary law, secondary and tertiary. The data obtained and analyze qualitatively. Research specification is descriptive analysis that comprehensively describe the effectiveness of imprisonment as a means of prevention of corruption.

            Type of criminal who should be imposed on the perpretators of corruption is aggravate imprisonment and optimize the imposition of criminal penalties type at least 2 (two) times and a maximum of four (4) times that of the state losses resulting from corruption. The imposition ofcriminal penalties based on the losses that arise as a result of corruption and law enforcement costs to be borne by convicted of corruption. If the convicted person does not pay the fine, it must be done expropriation of assets or the assets of the convicted person to restore the state losses. It aims to reduce corruption in Indonesia and provide a deterrent effect on corruption convicts. Law enforcement should be done to tackle corruption in Indonesia is to improve the criminal justice system that includes the substance of the law, law structure, and legal culture. Harmonization and synergy between the sub-system of criminal law should be strengthened coupled with a strong commitment to the judge as a vanguard in the fight against corruption to dare to impose criminal sanctions that provide a deterrent for perpretators of corruption.

Keywords : Effectiveness of imprisonment, impoverishment corruption, law enforcement

Full Text:

PDF

References


DAFTAR PUSTAKA

Haryono, W. S. (2017). Asas Kebebasan Hakim Dalam Memutuskan Perkara Pidana Dalam Perspektif Kepastian Hukum. IUS CONSTITUTUM, 1(1).


Refbacks

  • There are currently no refbacks.


Copyright @ Pusat Penelitian Fakultas Hukum

Universitas 17 Agustus 1945 Jakarta

ISSN Online : 2477-5754

Pengunjung