JURIDICAL REVIEW OF THE IMPOSITION OF ADDITIONAL PENALTIES FOR PERPETRATORS OF CORRUPTION IN INDONESIA

Abstract

To eradicate corruption, strict sanctions must be applied in order to have a deterrent effect on corruptors, at the same time it is expected to stop anyone from committing corruption. One of the latest breakthroughs was to apply additional penalties, namely revocation of certain rights. The perpetrators of corruption would lose the right to vote and be elected in public office. The additional criminal imposition in the corruption case was still relatively new, so it was very interesting to study. This study discussed the suitability of additional criminal imposition of the revocation of the right to vote and be elected in public office against the convicted person of corruption by Article 38 of the Criminal Code and how to revoke the right to vote and be elected in a public position. From the background above, then the problem in this paper was how were additional penalties in criminal corruption cases, and how was the process of implementing additional penalties in criminal cases of corruption. Given this study used a normative approach, then the collection of legal materials was carried out with procedures for identification and inventory of primary legal materials, secondary legal materials and tertiary legal materials. The results of the study indicated that additional penalties in corruption cases must be understood as part of the efforts to prosecute those who broke the law. The methodology used was how the process of carrying out additional penalties in criminal cases of corruption was as an effort to restore state assets. How was the process of implementing additional punishments in cases of corruption in the case of revoking political rights in Indonesia. The problem approach used in this study was the normative juridical approach. Based on this approach, this study covered the scope of a positive legal inventory research. Considering that this research used a normative approach, the collection of legal materials was carried out with procedures for identification and inventory of primary legal materials, secondary legal materials and tertiary legal materials. 

In this case the law violated was a criminal act of corruption. Criminal act of corruption was a special crime. The principle of its enactment was that special criminal law was prioritized over general crimes. Additional forms of penalties included: deprivation of goods, payment of substitute money, closure of the company. If the convict did not pay the replacement money, then the property could be confiscated by the prosecutor and auctioned to cover the replacement money. The process of implementing court decisions was generally regulated in Chapter XIX of the Criminal Procedure Code. In the event that a judge imposed additional criminal penalties in the form of a replacement payment, the convict was given a period of one month.