OPERASIONALISASI PERUNDANG-UNDANGAN PIDANA DALAM PENANGGULANGAN TINDAK PIDANA KORUPSI
ABSTRACT: The growth of
corruption offence have damaged, relating to all of the life aspects (economy,
politic, social and culture), and become systematically in institutionals, such
as yudicative, executive, and legislative. TheCorruption risingis a
partofpoliticalpoweroperation in "Orde Baru" regime, butalso
thatcontinue in the regime authorities after the reformation era. In connected
with this situation, law functions are weaked facing the power, so as
prevention of crime instrument, the law (criminal law) have limitation. Thisis
manifested in legislation concerning corruption offence (the Law No. 31 of
1999jo the Law No. 20 of 2001), belonging substance in relevance with social
change demand, relatingto formally the offence formu lation, the law subject,
special minimum penal sanction threatened, gravititation, as prioritycase, tool
of proving conformingtechnology development, and participation of social members
in corruption eradication. In context corruption eradication policy by criminal
law instrumentmust be integrated with another instruments, such as
effortIndeveloping of government check and balance mechanism, empowering civil society,
and another democratizationefforts.
Keywords: corruption, criminal
policy, law enforcement, politic development
Penulis: Supanto
Kode Jurnal: jphukumdd080110
