Karya Ilmiah

DISERTASI (161) - Melawan Hukum Khusus/Facet Dalam Tindak Pidana Korupsi Pasal 2 Ayat (1) UU No. 31 Tahun 1999 Juncto UU No. 20 Tahun 2001 Tentang Pemberantasan Tindak Pidana Korupsi

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Sub section (1) Corruption Law. As a part/bestanddeel of corruption
formulation “unlawfulness self enrichment or other person or corporation” where
it is called facet unlawfulness. Meaning value of “facet unlawfulness” concealed
in what meaning the law makers aims to restricting the criminal provision. So the
meaning in various criminal act has the value relating with its function.
As a doctrinal legal research, this study applied statute approach, conceptual
approach, and case approach. In accordance with the nature of normative legal
research, the source of legal material used are the primary legal materials and
secondary law. Focused on deductive analyses and interpretation of legal
materials were conducted to answer the issues discussed in this research. The
finding of this study indicate as follow: Particularly facet unlawfulness in
corruption criminal act Article 2 sub section (1) Corruption Law has the function
of the notion of legal justification by implementing materiil unlawfulness with
negative meaning, as justification defence outside the Penal Code. This legal
justification write-off the unlawfulness criminal act by placing the act in the
social context. Indeed, it is known as the principle “No crime Without Materiil
Unlawfulness”, continuously with the principle “No Penalty Without Fault” .
Legal justification as criminal defense outside Penal Code which has a basic
materiil unlawfulness with negative function, simultaneously with proportionality
principle, subsidiary principle, and non subsociality principle as the parameter or
examining norm (toetsingnormen),which has dissolved case by case. The reality
fact showed how inconsequent and inconsistency The Supreme Court decicion in
terms of interpreting unlawfulness writen elemen in corruption criminal act article
2 sub section (1) Corruption Law. They have different meaning with as shown in
the implicit unlawfulness or unwritten requerement in criminal act formulation
commonly known as “element”. Whilst the explisit unlawfulness stated in
criminal act formulation known as “facet unlawfulness”. In this circumstance,
that unlawfulness is no longer as an elementen, but has become part/bestanddeel
of the criminal formulation which has to be put in the indictmentand has to be
proven upon the court through the pure interpretation and function on above. It is
urged to shift “daad-dader-strafrecht” which oriented to “monoistis” theory to
“dualistis” philosophy with emphasizing on criminal act based on unlawfulness
and blameworthness as an obyective requirement.
Keywords; Meaning Value of Facet Unlawfulness, Corruption Criminal Act
Article 2 Sub section (1) Corruption Law, Legal Justification Outside the
Criminal Law, and Materiil Unlawfulness with Negative Function.

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Ketersediaan

091070539

161

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

161

Penerbit

Surabaya : Fakultas Hukum Unair., 2017

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

-

Subjek

PIDANA KORUPSI

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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