EKSISTENSI PIDANA MINIMUM KHUSUS DALAM MENCEGAH DAN MEMBERANTAS TINDAK PIDANA KORUPSI DI INDONESIA

Abstract

One of the most dangerous crimes in Indonesia is corruption, corruption is
a white-collar crime and an extraordinary crime. The legal umbrella in dealing
with criminal acts of corruption in Indonesia to date is Law Number 20 of 2001
concerning Amendments to Law Number 31 of 1999 concerning the Eradication
of Corruption Crimes, where the Law contains a special minimum sentence as a
reflection of the principle of legality, which contains elements of legal
certaintyand also as an effory to achieve more effective goals to prevent and
eradicate corruption in Indonesia. However, when viewed from the number of
decisions, this proves that the specific minimum sentence contained in the law has
not been able to achieve its objective.
This research is a normative research with a statute approach to determine
legal principles and norms which are criminal law policies in formulating specific
minimum criminal concepts that are appropriate in preventing and eradicating
criminal acts of corruption, using secondary data as data sources. Methods of
data collection with a normative juridical approach in this study using library
research techniques. The purpose of this study is to determine the existence of a
special minimum sentence in preventing and eradicating corruption in Indonesia
and to find out the appropriate concept of a special minimum sentence in
preventing and eradicating corruption in Indonesia from a criminal perspective.
From this research it can be concluded that the special minimum sentence
contained in the Law on the Eradication of Corruption Crimes in terms of its
implementation is in accordance with laws and regulations, but in terms of the
effectiveness of the special minimum sentence it has not been implemented. able to
reach his goal. namely the prevention and eradication of corruption. corruption
in Indonesia. Therefore, it is necessary to update the specific minimum crimes
contained in the anti-corruption law, which are exacerbated by taking into
account the past or the crime itself and also paying attention to its future or goals.
criminal punishment. Thus the special minimum sentence can reflect how
dangerous the consequences or impacts of corruption are both for the state and
for all Indonesian people, and this can result in general prevention and special
prevention so that the special minimum punishment can achieve its own goals,
namely preventing and eradicating corruption in Indonesia.
Keywords : existence – Specific Minimum Punishment – Corruption