Karya Ilmiah

DISERTASI (254) - Asas Kelayakan Dalam Penyelesaian Perkara Tindak Pidana Korupsi Yang Bersifat Ringan Di Luar Persidangan

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Problems of ironic justice can occur because a minor crime must be settled
by the same mechanism as an extraordinary crime. The effort to reduce
problems of ironic justice, some countries have developed various mechanisms
for settling criminal cases outside the court. Article 82 of the Criminal Code
allows for the settlement of criminal case outside the court but for misdemeanor
only, so to adopt the mechanism of settlement outside the court for corruption
cases, there are still some problems that must be analysis in this research, that
are the philosophy of the settlement of corruption cases outside the court and the
development of the expediency principle as the basis for the settlement of
corruption cases outside the court. The type of this research is normative
juridical research with approach of legislation, concept approach, comparison
approach, and case approach. The results of this research suggest that the
solution to the problems of the ironic justice is to accept the expediency
principle which requires the prosecutor to really take into account whether the
public interest is still desirable the prosecution of the perpetrator, if the
prosecution should be done then the appropriate mechanism with the minor
corruption cases is the mechanism of settlement of criminal cases outside the
court. Ontological analysis of the settlement mechanism of minor corruption
cases outside the court indicates that the nature of the settlement mechanism of
minor corruption cases outside the court is the no rms of formal criminal law
accepted by the public and manifested in official form of institution in a system
that is rationally very coherent and able to meet the need for an ideal
standard of human order to achieve justice. The Recommendation of this
research that the expediency principle should be readily accepted in the criminal
justice system in Indonesia by adopting the expediency principle which state of
Article 167 § 2 Sv. and Article 242 § 2
IR - PERPUSTAKAAN UNIVERSITAS AIRLANGGA

DISERTASI . ASAS KELAYAKAN DALAM............... AHMAD HAJAR ZUNAIDI

xxvi

Sv., into Indonesian criminal procedure law, Article 9a Sr. (subsociality
theory), and adopting a mechanism for settling cases of corruption outside
the court in the form of transactions

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Ketersediaan

031517017332

254

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

254

Penerbit

Surabaya : Fakultas Hukum Unair., 2019

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

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Subjek

TINDAK PIDANA KORUPSI

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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