Implications of Shifting the Office in the Law Eradication of Criminal Acts of Corruption (Constitutional Court Decision No. 25/PUU- XIV/2016)

DOI

10.2991/assehr.k.211102.192How to use a DOI?

Keywords

Implikasi; Delik Formil; Tipikor; Mahkamah Konstitusi

Abstract

A criminal act of corruption is a criminal act regulated in the Law of the Republic of Indonesia Number 20 of 2001 Amendments to the Law of the Republic of Indonesia Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption. In this Law, a formulation of the offense has been regulated, namely a formal offense as regulated in Article 2 paragraph 1 and Article 3 of the Law of the Republic of Indonesia Number 20 of 2001 on Amendments to Law of the Republic of Indonesia Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption. But in the 2016 period, the Constitutional Court issued a Decision, namely the Constitutional Court Decision No. 25/PUU-XIV/2016. This decision has juridical implications or legal consequences, namely: 1. changing the provisions for shifting offenses (criminal acts) from formal offenses (criminal acts) to material offenses (criminal acts), in the formulation of Article 2 paragraph 1 and Article 3 of the Law of the Republic of Indonesia Number 20 of 2001 Amendment to Law of the Republic of Indonesia Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption; 2. With this decision, it will make legal efforts to prove cases of criminal acts of corruption more difficult because they collide with the existence of an outdated theory in criminal law; 3. And will also have legal consequences for the formulation of Article 4 of the Law of the Republic of Indonesia Number 20 of 2001 Amendments to the Law of the Republic of Indonesia Number 31 of 1999 concerning the Eradication of Corruption Crimes relating to the return of state losses obtained from the proceeds of Corruption.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Muammar
PY  - 2021
DA  - 2021/11/22
TI  - Implications of Shifting the Office in the Law Eradication of Criminal Acts of Corruption (Constitutional Court Decision No. 25/PUU- XIV/2016)
BT  - Proceedings of the 2nd International Conference on Law Reform (INCLAR 2021)
PB  - Atlantis Press
SP  - 180
EP  - 183
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211102.192
DO  - 10.2991/assehr.k.211102.192
ID  - 2021
ER  -