Online ISSN: 2515-8260
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Legal Policy Of Gratification Crime: Insight Of Anti-Corruption Initiatives In Indonesia

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Hendra Karianga1 , Irwansyah2

Abstract

Abstract Corruption is increasingly widespread in society, its development continues to increase both in cases and State’s financial losses and in terms of the quality of criminal acts committed more systematically and its scope that enters all aspects of peoples’ lives. The research is a juridical-normative research by using statute, case, historical, comparative and conceptual approaches. The processing and analysis of legal materials was aimed to find pragmatic truth and/or coherence. The results show that the essence of the gratification arrangement in the Corruption Acts is to eliminate the sense of injustice for the corruptor, in terms of the value of corruption with a relatively small amount. Even though the value of corruption is large or small, the act is still corruption. If reviewed normatively, gratification has the meaning of giving in the broadest sense, both received at home and abroad and that conducted by using electronic or without electronic. Whereas, bribery has a narrower meaning because the intention of the bribe giver and receiver is clear and contains unlawful act. The improvement of criminal law policy plan on gratification offenses needs to be done so that the criminalization of gratification can be more comprehensive so that the Corruption Acts becomes a practical and effective legislation to eradicate corruption.

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