PEMBERLAKUAN ASAS RETROAKTIF DALAM PEMBERANTASAN TINDAK PIDANA KORUPSI
Abstract: The study entitled,
"The implementation of the retroactive principle in fighting against
corruption". The background of this research was derive from the fact that
corruption is an extraordinary crime that needs an extra way against it. The
formation of Corruption Eradication Commission (KPK) as an independent agency
in the form of eradicating corruption in Indonesia has gradually demonstrated
its role. But, Problems then occur when the citizen force KPK to handle the
corruption cases before this constitution constructed, especially BLBI case
which made this state inflict a financial loss about Rp 138,4 trillions happen during the 1997-1998.
From the background it raised an issue, whether the retroactive principle
can be applied by the Commission in the investigation, and prosecution of the
perpetrators of corruption that occurred before the enactment of Law No. 30
Year 2002 was made on the Corruption Eradication Commission?
In this discussion the retroactive principle can be applied by the
Commission in making "a series of actions" which make it able to
conduct an investigation and prosecution of the perpetrators of corruption
despite they occurred before Law. 30 of 2002 on the Corruption Eradication
Commission enacted. Besides confirming that the application of this principle
is that corruption is a crime classified as an extraordinary crime which has
wide negative effects to the country.
Keywords: retroactive
principle, Elimination, the Corruption
Penulis: I MADE ADI SERAYA
Kode Jurnal: jphukumdd130375
