Abstract
Maladministration and state financial losses have been the basis of the Criminal Court of Corruption’s decision to punish the defendant. Judges' decisions are often based on proven objective facts while subjective facts, including the "intentions" of offenders, are often disregarded even though the principle of criminal responsibility presupposes both objective and subjective aspects as a basis sentencing defendants. As a result, the enforcement of corruption in Indonesia has become a long-standing and polemic issue of justice. This study examines how "intention" is the main element used to determine whether the defendant is guilty under Article 2 and Article 3 of the "PTPK Law" in the Indonesian Corruption Court. The analysis is based on the theory of Criminal Responsibility through the "analytical and critical approach" in which its aim is to avoid "liability without fault" and to ensure that "committed intentionally" is the main element used in decision making regarding corruptor sentencing.
Original language | English |
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Pages (from-to) | 64-79 |
Journal | Petita: Jurnal Kajian Ilmu Hukum dan Syariah |
Volume | 7 |
Issue number | 2 |
DOIs | |
Publication status | Published - 11 Jan 2022 |
Keywords
- maladministration
- intentionally
- corruption court
- justice