418
Abstract Views
PDF Download
ARTICLE
PERTANGGUNGJAWABAN PIDANA PIHAK SWASTA DALAM TINDAK PIDANA KORUPSI
Bayu Setiawan
Correspondence
[email protected]
About this journal
Browse this journal
Abstract
In the society, it was formed a mindset that civil servants is the only actor who did corruption criminal act. This born an opinion that corruption criminal subject in Corruption Eradication Act is just applied for civil servants. The cause that forms this perception is due to the usage of civil servants term in some articles in Corruption Eradication Act and most undergoing corruption cases is being led to civil servants or state power as single party involved. But by concerning one example case of loans allocated by Bank Indonesia in the form of Bank Indonesia Bank Liquidity fund (BLBI) which brought state bankruptcy, it's well identified that most actor who committed the crime is someone that come from private sector. Here, private sector in corruption criminal act is defined as the exclusion set of civil servants definition.This research aims to expose: (1) Regulated of corruption articles for private sector by the Corruption Eradication Act (2) Criminal responsibility for private sector with Corruption Eradication Act.Research follows normative law method using secondary data. After compiling all required literatures and reference documents as well, interpretation is made from authentic, grammatical, systematic, and historical aspect, yields two subjects or more and those are used as object to be analyzed, in order to get answers for problem addressed within this research. Research comes out with the result of identifying 14 (fourteen) articles ruling the corruption criminal act that is done by private sector. The articles are categorized into three groups: criminal act of detrimental effect to the finances of the state or the economy of the state, graft criminal act, and dishonesty criminal act and the penalization for crime acted by private sector is death sentence, putting in into jail, paying a fine, and supplementary indictmentKey Words: Responsibility and CcrruptionCriminal
Keywords :
There is no Figure or data content available for this article
References NOT AVAILABLE
There is no Supplemental content for this article.
How to Cite This
Copyright and Permissions
Authors who publish with Kosmik Hukum agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License (CC BY) that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.
Data Availability
All data generated during this study are included in this published article [and its supplementary information files].