Karya Ilmiah

DISERTASI (384) - Kriminalisasi Suap Di Sektor Swasta Sebagai Tindak Pidana Korupsi

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There are several practices of bribery in the private sector that have a direct
impact on society, namely causing harm, but law enforcement officials cannot
reach them because of a legal vacuum. The practice of bribery and gratuities
committed by pharmaceutical and medical devices companies to doctors and
purchasers with various models such as sponsorship. Corrupt practices in the
private sector can also be found in bankruptcy proceedings involving curators.
The curator's efforts to sell bankrupt banknotes at a lower price are due to an
agreement between the curator and the buyer so that the curator will receive an
extra fee for the sale of the bankrupt bankrupt, which will certainly be detrimental
to bankrupt creditors and debtors. United Nation Convention Against Corruptions
which in Article 21 UNCAC regulates the criminal act of corruption in the form of
giving gifts or promises in the private sector. Article 21 UNCAC isn’t mandatory
but UNCAC requires every country to consider regulating it but the PTPK Law
does not regulate giving gifts or promises in the private sector as a criminal act of
corruption. There are 2 (two) problem formulations discussed in this dissertation,
namely what is the philosophy of criminalizing bribery in the private sector as a
corruption? and what are the characteristics of bribery in the private sector as a
corruption?
This type of research is legal research that uses a conceptual approach, a
statutory approach and a comparative approach in analyzing the formulation of
the problems chosen in the research. Based on the research results, it can be
concluded that the act of giving gifts or promises in the private sector has the
same impact or even worse than the criminal act of corruption giving gifts or
promises to civil servants and/or state administrators. Characteristics of the
crime of giving gifts or promises in the private sector as a crime of corruption is
that the recipient is a private employee who has authority, legal obligations
and/or position due to profession or position, actions committed contrary to legal
obligations based on contractual relationships or professional ties and actions is
detrimental to the public interest (the interests of the government and the interests
of consumers (community).
Keywords: Criminalization, Bribery, Private Sector, Corruption

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Ketersediaan

031517017342

384 Har k

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

384 Har k

Penerbit

Surabaya : Fakultas Hukum Unair., 2023

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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