03Dec 2018

RECONSTRUCTION OF PENAL SANCTIONSAGAINST CORRUPTION(A DIGNIFIED JUSTICE PERSPECTIVE).

  • Candidate Doctor in Law at the Faculty of Law Universitas Islam Sultan Agung, Semarang-Central Java
  • Indonesia; asscotiate professor in law at the Faculty of Law UniversitasKhairun, Ternate-Indonesia.
  • Professor of Law at the Faculty of Law Universitas Pelita Harapan, Karawaci, Tanggerang-Indonesia.
  • Asscotiate professor in law at Faculty of Law Universitas Islam Sultan Agung, Semarang, Central Java-Indonesia.
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Barriers to the development, peace and prosperity of the Republic of Indonesia as the consequence of ramphant criminal act of corruption has spread widely in the community and the nation as a whole. Worse than that, according to some of the what so called social science experts, the development obstacles in the form of corruption crimes are actually considered to have become a culture. Corruption has becoming a way of virtually almost every legal subject, almost every person, almost including corporate bodies, for example,to acquire and maintain, among other things political/constitutional power in the society and the nation of Indonesia. It has been a frustrated to handle. To give a factual example of the feeling of frustration in the Indonesian legal system handelling corruption, in this article we provide an overview on the findings of how the Indonesian Supreme Court tackled the ongoing policy fighting against corruption in a case occured in the Indonesian Constitutional Court.The parties used corruption as a way to achieve and, particularly maintain their political power. That was a case that attracted the attention of this study. Since in that high profile case two of the very severe criminal sanctions were imposed on the convicted criminal of corruption. But,in fact, the criminal sanctions were not able to stop perpetrators to continue use corruption as ?the way of life?. Following the explanation of corruption cases as ?a way of life?, including the way to obtain and maintaining political or constitutional power in Indonesia; in this article we analise and identifying an ideal construction (philosophy/policy) from the Dignified Justice pespective to overcome the wekness of the previous theories.


  1. Teguh Prasetyo, Keadilan Bermartabat, Cetakan Pertama, Nusa Media, Bandung, 2015;
  2. Suripatty, Roximelsen and Kameo, Jeferson. Towards A New Indonesian Criminal Law, Int. J. Adv. Res. 6(9), 366-372.

[Shawal Abdulajid,Teguh Prasetyo and H.Umar Ma?ruf. (2018); RECONSTRUCTION OF PENAL SANCTIONSAGAINST CORRUPTION(A DIGNIFIED JUSTICE PERSPECTIVE). Int. J. of Adv. Res. 6 (12). 156-163] (ISSN 2320-5407). www.journalijar.com


Shawal Abdulajid
Candidate Doctor in Law at the Faculty of Law Universitas Islam Sultan Agung, Semarang-Central Java Indonesia; asscotiate professor in law at the Faculty of Law Universitas Khairun, Ternate-Indonesia

DOI:


Article DOI: 10.21474/IJAR01/8127       DOI URL: http://dx.doi.org/10.21474/IJAR01/8127


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