IMPLIKASI PERUMUSAN DELIK KORUPSI DI DALAM KEBIJAKAN PEMBAHARUAN KITAB UNDANG-UNDANG HUKUM PIDANA
Abstract: The Criminal Code as
a legacy of Dutch colonialism could no longer follow the dynamism of community
life. It is too rigid has obliterated the sense of justice which is the goal of
the creation of the law itself. This is because the articles of the Criminal
Code deemed unsuitable to the development of crime and offenses increasingly
complex. In the draft Code of Criminal Law, as one of the reform effort is the
formulation of offenses of corruption set out in Chapter XXXII starting from
Article 688 to Article 702. With the formulation of the offense of corruption
and offenses positions formulated in the draft Criminal Code will disregard the
Law Combating Corruption although this law of particular importance because of
the substance of the articles draft Criminal Code wants to make corruption has
become common crimes and do not pass through handling extraordinary. Law on
Corruption Eradication cannot apply even if there is the principle of lex
specialis derogat lex generalis, because of the retroactive principle that
applies in the draft Criminal Code so that the decision to force the law can
still be applied retroactively when the rule of law that new does not regulate
the offense of criminal, so punishment can be eliminated.
Penulis: Syaputra
Kode Jurnal: jphukumdd151576
