Karya Ilmiah
DISERTASI (230) - Pembuktian Unsur Kerugian Keuangan Negara Pada Tindak Pidana Korupsi
This Dissertation is titled “Proof of the element of state financial loss on
corruption”. This dissertation’s research concerning with proof of element of state
financial loss on corruption as regulated on article 2 and article 3 pararaph (1)
corruption law becomes different in offense and the way of proofing it with the
Indonesia’s Constitutional Court’s decision number 25/PUU-XIV/2016, January
25th, 2017 and Indonesia’s Constitutional Court’s Circular Letter Number 4 of
2016, December 9
th
, 2016, concerning the Enactment of the Plot Result of the
Plenary Room of the Supreme Court of the Year 2016 as the Guideline for the
Implementation of Tasks for the Courts. The Indonesia’s Constitutional Court’s
decision and Indonesia’s Constitutional Court’s Circular Letter evoked in conflict
with other articles in Corruption Law, so that the legal issues raised in this research
are : First, The Philosophical Foundation of State’s Financial and Its Role State
Financial Losses; Second, Integrated Justice System In Proof of State Financial
Losses; and Third, Legal Uncertainty In the Indonesia’s Constitutional Court’s
Decision Number 25 / PUU-XIV / 2016 January 25th, 2017, and the Indonesia’s
Circular Letter Number 4 Year 2016. Approach method used is Statute Approach,
Conceptual Approach, and Case Approach through Constitutional Court’s and
Supreme Court’s Decisions. This dissertation research concludes that state financial
approach must be proven through Act number 8 year 1981 on the Criminal
Procedure Code and the Corruption Law, in which the proven process of state
financial loss must be calculated by the institution which is authorized by the
applicable laws and regulations. And the institution which is not limited to the
authority of BPK, include BPKP, Inspektorat and Public Accounting.
Keywords : corruption, corruption act, proof, state financial loss.
031227017306 | 230 | Ruang Disertasi | Tersedia |
Tidak tersedia versi lain