OPERASIONALISASI PERUNDANG-UNDANGAN PIDANA DALAM PENANGGULANGAN T1NDAK PIDANA KORUPSI

Supanto Supanto

Abstract

Thegrowthof corruption offence have damaged, relating to all of the life aspects (economy, politic, socialand culture), and become systematicallyin institutionals, such asyudicative, executive, and legisla tive. TheCorruption risingis a partofpoliticalpoweroperation in"Orde Baru"regime,butalso thatcontinue in the regime authorities after the reformation era. In connected with this situation, law functions are weakedfacing the power, so as prevention of crimeinstrument, the law (criminal law)have limitation. This is manifested in legislation concerning corruption offence (the LawNo. 31 of 1999jo the Law No. 20 of
2001), belonging substance in relevance with socialchange demand, relatingto formally the offence formu lation, the law subject, special minimum penal sanction threatened, gravititation, as prioritycase, tool of provingconformingtechnology development, and participation of social members in corruption eradica tion. In context corruption eradication policy by criminal law instrumentmust be integrated with another instruments,such as effortIndeveloping of government checkand balance mechanism, empowering civil
society, and another democratizationefforts.

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