MALADMINISTRATION AND INTENTIONALITY ON THE CRIMINAL CORRUPTION COURT IN INDONESIA

Elstonsius Banjo, Surastini Fitriasih, Eva Achjany zulfa

Research output: Contribution to journalArticlepeer-review

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 languageEnglish
Pages (from-to)64-79
JournalPetita: Jurnal Kajian Ilmu Hukum dan Syariah
Volume7
Issue number2
DOIs
Publication statusPublished - 11 Jan 2022

Keywords

  • maladministration
  • intentionally
  • corruption court
  • justice

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