Legal Certainty and Norms Conflict of Corruption In Indonesia: A Reflection in Legal Reform of Corruption Eradication
DOI:
https://doi.org/10.61841/793qwr56Keywords:
Overlapping, Corruption, Legal Certainty.Abstract
This article examines the effectiveness of criminal acts of corruption in Indonesia due to the influence of overlapping and over-criminalization between regulations, too general and the high complexity of the formulation of article regulations related to criminal acts of corruption which resulting in judicial processes which are considered to still lack of legal certainty due to varying legal interpretations. This article uses socio-legal research using the statute approach, case approach, and comparative approach. The results of the study illustrate that there is an urgency to revise the current corruption law because Indonesia as a party of the United Nations Convention Against Corruption (UNCAC) should refer to the convention namely the state loss element which is not included as one of the elements in corruption and various interpretations of the law, namely the existence of several cases where people were prosecuted for corruption due to administrative errors, which it was also judged by the Constitutional Court to contradict Article 28D Clause (1) of the 1945 Constitution related to guarantees, protections, and fair legal certainty and appropriate treatment also the same treatment before the law.
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[1] Gumbira, S.W., Supanto, Rustamaji, M., Riewanto, A., “The reconstrution of contempt of court in the enforcement of the constitutional court of the republic of Indonesia based on pancasila”, International Journal of Advanced Science and Technology, Vol. 28, Number 15, (2019).
[2] Gumbira, S.W, Jaelani, A.K., Tejomurti, K, Saefudi, Y., “Quo Vadis of Reputation Delict After Constitutional Court Decision Number 76/PUU-XV/2017”, International Journal of Advanced Science and Technology Vol. 28, Number 20, (2019). Page. 519-525.
[3] Lego Karjokoa, Djoko Wahyu Winarno, Zaidah Nur Rosidah, I Gusti Ayu Ketut Rachmi Handayani, “Spatial Planning Dysfunction in East Kalimantan to Support Green Economy”, International Journal of Innovation, Creativity and Change, Volume 11, Issue 8, (2020).
[4] Nurhidayatuloh, Febrian, Apriandi, M., Annalisa, Y., Sulistyaningrum, H.P., Handayani, I., Zuhro, F., Jaelani, A.K., Tedjomurti, K., “Transboundary Haze-Free for Southeast Asian Countries by 2020: A Delusional Vision?”, International Journal of Psychosocial Rehabilitation, Volume 24, Issue 2, February 2020, Pages 1923-1929.
[5] Nurhayati, R., Gumbira, S.W., Tejomurti, K., “Rights of freedom of expressing community organizations in Indonesia after law number 16 of 2017 concerning community organizations”, International Journal of Advanced Science and Technology 28, (2019), pp. 510-518.
[6] Kukuh Tejomurti, Seno Wibowo Gumbira,Naim Fajarul Husna,Abdul Kadir Jaelani,Nurhidayatuloh, “Urgency of Applying Regulatory Sandbox as A Legal Protection Efforts For Equity Crowdfunding Investors”, International Journal of Advanced Science and Technology, Volume 29, Issue 4, 2020.
[7] Jaelani A.K, Handayani I.G.A.K.R, Karjoko L, “Executability of the Constitutional Court Decision Regarding Grace Period In The Formulation Of Legislation”, International Journal of Advanced Science and Technology Vol. 28, Number 15, (2019). Page. 816-823
[8] Jaelani A.K, Handayani I.G.A.K.R, Karjoko L, “Development of Tourism Based on Geographic Indication Towards To Welfare State”, International Journal of Advanced Science and Technology Vol. 29, Number 3s, (2020). Page. 1227-1234.
[9] Surachman A, Handayani I.G.A.K.R, Taruno Y. “Effect of Globalization on Establihment of Water Resource Law: A Practice in Indonesia”, International Journal of Economic Research, Volume 14, Number 13 Tahun 2017.
[10] Lego Karjokoa, Djoko Wahyu Winarno, Zaidah Nur Rosidah, I Gusti Ayu Ketut Rachmi Handayani, “Spatial Planning Dysfunction in East Kalimantan to Support Green Economy”, International Journal of Innovation, Creativity and Change, Volume 11, Issue 8, (2020).
[11] Sudarwanto, A.S., Handayani, I.G.A.K.R, “The implementation of land provision for development for the public interest in Merauke land Papua Province”, International Journal of Advanced Science and Technology, Volume 28, Issue 20, 31 December 2019, Page. 269-275.
[12] Suwari Akhmaddhian, Hartiwiningsih & I Gusti Ayu Ketut Rachmi Handayani, “The Government Policy of Water Resources Conservation to Embodying Sustainable Development Goals: Study in Kuningan, Indonesia”, International Journal of Civil Engineering and Technology, Volume 8, Issue 12 (2017).
[13] Ahmadi, M.H., Handayani, I.G.A.K.R., Karjoko, L., “Problems in Law of Mortgage Right Law Number 4 Tahun 1997”, International Journal of Advanced Science and Technology, Volume 28, Issue 20, 31 December 2019, Page. 321-324.
[14] Jaelani A.K, Handayani I.G.A.K.R, Karjoko L, “Executability of the Constitutional Court Decision Regarding Grace Period In The Formulation Of Legislation”, International Journal of Advanced Science and Technology Vol. 28, Number 15, (2019). Page. 816-823
[15] Soediro, Handayani, I.G.A.K.R., Karjoko, L., “The Spatial Planning To Implement Sustainable Agricultural Land”, International Journal of Advanced Science and Technology, Volume 29, Special Issue 3 (2020), Page. 1307-1311.
[16] Leonard, T., Pakpahan, E.F., Heriyatia, Karjoko, L., Handayani, I.G.A.K.R., “Legal review of share ownership in a joint venture company”, Support Green Economy”, International Journal of Innovation, Creativity and Change, Volume 11, Issue 8, (2020).
[17] Prasetyo, B., Handayani, I.G.A.K.R., Sulistyono, A., Karjoko, L., “Legal framework for social security state civil apparatus”, International Journal of Advanced Science and Technology, Volume 28, Issue 20, 31 December 2019.
[18] Sari, S.D., Handayani, I.G.A.K.R., Pujiyono, “The Factors Making The Law Protection For The Patients Of Esthetic Beauty Clinic In Indonesia Not Fulfilling Citizen’s Constitutional Right”, Medico-Legal Update, Volume 19, Issue 1, 2019, Pages 252-256.
[19] I Gusti Ayu Ketut Rachmi Handayani, “Efforts to Reduce Crime Of Processed Food Without Circular License In Indonesia” International Journal of Advanced Science and Technology Vol. 28, Number 15, (2019). Page. 839-844.
[20] Sudarwanto, A.S., Handayani, I.G.A.K.R, “The implementation of land provision for development for the public interest in Merauke land Papua Province”, International Journal of Advanced Science and Technology, Volume 28, Issue 20, 31 December 2019, Page. 269-275.
[21] Gumbira, S.W., Supanto, Rustamaji, M., Riewanto, A., “The reconstrution of contempt of court in the enforcement of the constitutional court of the republic of Indonesia based on pancasila”, International Journal of Advanced Science and Technology, Vol. 28, Number 15, (2019).
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