Hasbi, Muhamad Iqbal (2024) ANALISIS YURIDIS RECHTVINDING HAKIM DALAM ENGATASI TUMPANG-TINDIH PERATURAN TINDAK PIDANA KORUPSI SUAP PASIF OLEH PENYELENGGARA NEGARA (STUDI PUTUSAN NOMOR: 144/PID.SUS-TPK/2019/PN.JKT.PST). Undergraduate thesis, Universitas Pembangunan Nasional "Veteran" Jawa Timur.
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Abstract
Currently, the process of law enforcement for criminal acts of corruption in Indonesia is faced with the problem of overlapping legal provisions governing the criminal act of passive bribery committed by state officials or civil servants as regulated in Law Number 20 of 2001 concerning Amendments to the Law -Law Number 31 of 1999 concerning Eradication of Corruption Crimes. On the other hand, judges are equipped with the authority to make legal discoveries which can be used as a means to find solutions when faced with legal problems. This research focuses on finding out the impact caused by overlapping legal provisions governing the criminal act of passive bribery by state officials on decision number: 144/PID. Sus-TPK/2019/PN. JKT.Pst and how legal discovery by judges can solve the problem of overlapping legal provisions governing the criminal act of passive bribery committed by state officials in the aquo decision. The research method used is a juridical-normative method with a case approach, statutory approach, conceptual approach and historical approach. The results of the research show that the impact resulting from overlapping provisions regarding the criminal act of passive bribery by state officials is that the legal objectives in decision number: 144/PID are not achieved. Sus-TPK/2019/PN. JKT.Pst, then the legal discovery by the judge in the aquo case is actually a solution that can be applied to this problem. Keywords: Passive Bribery Crime, Legal Discovery, Corruption, Law Enforcement.
Item Type: | Thesis (Undergraduate) | ||||||||
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Subjects: | K Law > K Law (General) | ||||||||
Divisions: | Faculty of Law > Departement of Law | ||||||||
Depositing User: | Muhamad Iqbal Hasbi | ||||||||
Date Deposited: | 05 Jun 2024 07:19 | ||||||||
Last Modified: | 05 Jun 2024 07:19 | ||||||||
URI: | https://repository.upnjatim.ac.id/id/eprint/24414 |
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