Criminal Effectiveness on Evil Consultancy in Corruption Criminal Actions

DOI

10.2991/978-2-38476-074-9_35How to use a DOI?

Keywords

Effectiveness; Corruption; Criminal; Evil Conspiracy

Abstract

Law enforcement in criminal conspiracy acts of corruption is very difficult to do, this is because the standard understanding and elements of criminal conspiracy in corruption are not clearly regulated. This thesis aims to determine and analyze the effectiveness of punishment against conspiracy to commit crimes of corruption as well as to identify and analyze the legal certainty of punishment for conspiracy in criminal acts of corruption. The approach method used in this research is normative juridical. Meanwhile, the specifications used in this thesis are analytical descriptive. The sources and types needed in this research are secondary data. Secondary data is divided into three parts, namely primary legal materials, secondary legal materials, and tertiary legal materials. The data collection method used in this research is literature study. While the data analysis method used is qualitative data analysis method. Based on the research conducted, it was found the fact that the implementation of law enforcement in cases of conspiracy related to corruption is currently not fair, this is due to the unclear elements in the criminal act of conspiracy in corruption cases so that existing law enforcement is based on political interests, where the authorities will be able to looking for a way out of the snares of Article 15 of Law Number 31 of 1999 Jo. Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption, while parties who do not have the authority to power will not be able to escape the snares of Article 15 of Law Number 31 of 1999 Jo. Law Number 20 of 2001 concerning the Eradication of Corruption Crimes. The weaknesses that cause this are weaknesses in the form of overlapping rules, law enforcement which only prioritizes evidence in the form of real losses and ignores meetings of mind, the influence of power and politics. So it is necessary to reconstruct Article 2 and add provisions of Article 15A of Law Number 31 of 1999 Jo. Law Number 20 of 2001 concerning the Eradication of Corruption Crimes. The results of the reconstruction of Article 2 of Law Number 31 of 1999 Jo. Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption is to add the word "can" again and Article 15A states about the elements of conspiracy. commit criminal acts of corruption, both openly and secretly (meetings of mind).

Copyright

© 2023 The Author(s)

Open Access

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TY  - CONF
AU  - Mahdi Nur
PY  - 2023
DA  - 2023/06/27
TI  - Criminal Effectiveness on Evil Consultancy in Corruption Criminal Actions
BT  - Proceedings of the 5th Legal International Conference and Studies (LICS 2022)
PB  - Atlantis Press
SP  - 294
EP  - 299
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-074-9_35
DO  - 10.2991/978-2-38476-074-9_35
ID  - Nur2023
ER  -