PEMBARUAN HUKUM TENTANG EFEKTIVITAS PELAKSANAAN PIDANA DENDA DALAM TINDAK PIDANA KORUPSI

Sari

Corruption or criminal act of corruption is an act severely harms the State and may result in suffering to the people and as very immoral / wicked act even it violates the religious tenets, then it is worth for the perpetrator of the corruption crime to be severely punished, or to be subjected to the severe punishment. Even he/she may be imposed with penalty punishment. The penalty punishment is the key sentence as stipulated in Article 10 of the Criminal Procedure Law. In its development, the penalty punishment is applied in sentences outside the Criminal Procedures Law, one of them is in the Corruption Crime Law.

In the Law Number 31 of 1999 in conjunction with the Law Number 20 of 2001, regarding the Amendement on Law Number 31 of 1999, regarding Corruption Crime Eradication. Penalty punishment is the sentence cumulatively applied toward the perpetrators of the corruption crimes.

In its implementation, the penalty punishment is difficult to be realized, the Prosecutor Office in enforcing the penalty punishment is hard to be fulfilled, if the Defendant chooses the Replacement Punishment for the Imprisonment, so the payment to the state’s treasury would not be fulfilled. As the consequence, the sense of justice for the sake of law is not achieved. This is due less decisive and clear regulation regarding the penalty punishment in the corruption crime, so it places the Judges and Prosecutors in difficult situation. Then it requires the decisive and appropriate enforcement of penalty punishment in the implementation of penalty sentence particularly in corruption crimes.