Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-4 | Issue-12 | 702-707
Original Research Article
Reconstruction of the Criminal Sanction System in the Eradication of Corruption Based on Justice
Aris Sudarmono, Gunarto, Anis Mashdurohatun
Published : Dec. 7, 2021
Abstract
Corruption is an act that can not only harm the state's finances but can also cause losses to the people's economy. Corruption is a very despicable act, condemned and very hated by most people, not only by the Indonesian people and nation but also by the people of the nations of the world. The problem in this study is to find weaknesses in the application of the criminal sanction system in eradicating corruption and how to reconstruct it based on justice value. This research is using the constructivism paradigm and sociological-Juridical approach. The results of the study are that the weaknesses in the aspect of legal substance are the Law on the Eradication of Criminal Acts of Corruption does not regulate the number of minimum sanctions based on the classification of the amount of money that is corrupted, both for cases of embezzlement, bribery or gratification, and sanctions are also considered less firm. Weaknesses from the aspect of the legal structure are the weak coordination between law enforcement officers that causes the handling of corruption crimes to be hampered by time and bureaucracy. Weaknesses from the aspect of legal culture are the emergence of corruption itself is strongly influenced by the demands of individual and group needs and is supported by a socio-cultural environment that inherits a corrupt tradition. Accordingly, it is necessary to reconstruct Law Number 31 of 1999 concerning the Eradication of Corruption Crimes by adding paragraphs in the article up to Article 3 and Article 5.