Interprestation Teaching Of Human Rights Laws Against Material In Corruption Provisions

Burham Pranawa, Hartiwiningsih Hartiwiningsih, Hari Purwadi

Abstract


So far, the problem of corruption is seen separately from human rights. Even in the conversation about the corruption Eradication agenda. Human rights enforcement perspective lacks attention. When in fact, human rights can be one of the tools of analysis of corrupt practices corruption Because always causes casualties items, namely for individuals, communities, and the State. By using human rights as a perspective in viewing and analyzing corruption, it can show victims and obligations that must be fulfilled by the State. Through human rights analysis. Elucidation of Article 2 paragraph (1) of the Law of the Republic of Indonesia No. 31 of 1999 concerning Eradication of Corruption by the Constitutional Court in its Decision dated July 25, 2006 Number 003 / PUU-IV / 2006 was declared Contrary to Article 28 D Paragraph (1) of the 1945 Constitution so that the Elucidation of Article 2 paragraph (1) of Law 31 Year 199 declared not to have binding legal force. The author is of the opinion that the Constitutional Court when conducting a judicial review of the law tends to see more from the point of view of the rights of suspects or Defendants rather than looking at the interests of Victims of corruption. The purpose of writing this article is to find out the development of the teachings against the law in the Corruption Act and to know the interpretation of human rights cases against the teachings of the nature of the material unlawful acts in corruption. The author is of the opinion that the Constitutional Court when conducting a judicial review of the law tends to see more from the point of view of the rights of suspects or Defendants rather than looking at the interests of Victims of corruption. The purpose of writing this article is to find out the development of the teachings against the law in the Corruption Act and to know the interpretation of human rights cases against the teachings of the nature of the material unlawful acts in corruption. The author is of the opinion that the Constitutional Court when conducting a judicial review of the law tends to see more from the point of view of the rights of suspects or Defendants rather than looking at the interests of Victims of corruption. The purpose of writing this article is to find out the development of the teachings against the law in the Corruption Act and to know the interpretation of human rights cases against the teachings of the nature of the material unlawful acts in corruption.


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References


Bakry, Ms Noor, 2011, Citizenship Education, Student Library, Yogyakarta,

Danil, Elwi, 2014, Concept Corruption, Crime and eradication, King Grafindo Persada, Jakarta

Fajar, Mukthie 2005, Type State of Law, Cet. Second, Bayu Media Publishing, Malang

Hamzah, Andi, 1986, the Indonesian Corruption Problems and Solutions, Jakarta, Gramedia

Hiariej, Eddy OS, 2014, Principles of Criminal Law, Light Atma Reader, Yogyakarta

Nasution, Bahder Johan, 2014, the State of Law and Human Rights, Mandar Maju, Bandung

Pasaribu, Robert, 2015, the Human Rights Approach (HAM) in Combating Corruption, Library Science, Yogyakarta

Prasetyo, True and Purnomosidi, Ari, 2014, Building Law Based on Pancasila, Nusamedia, Bandung

Saleh, Ruslan, 1983, criminal acts and criminal liability: The Two Basics in Criminal Law, New Literacy, Jakarta

Setiadi, Edi and Yulia, Rena, 2010, the economic Criminal Law, Graha Science, Yogyakarta

Titon Slamet Kurnia, 2015, Interpretation of Human Rights by the Constitutional Court of the Republic of Indonesia, Mandar Maju, Christian University Satya Discourse

Waluyo, Bambang, 2014, victimology protection of victims and witnesses, Sinar Grafika, Jakarta


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Legal Reconstruction in Indonesia Based on Human Right
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