Reconstruction Criminal Sanctions against Criminal Acts of Corruption based on Justice Value

Abstract

During the past ten years, there have been no effective efforts to eradicate corruption. This is a very ironic thing, considering that the aim of the reform is the eradication of Corruption, Collusion, and Nepotism. It also shows that a more democratic government is not serious about combating corruption. That corruption is a crime phenomenon that undermines and impedes the implementation of development so that its prevention and eradication must be prioritized. This paper to analyze the true sanctions against the perpetrators of corruption which are currently not fair, to analyze the weaknesses of sanctions against the current perpetrators of corruption, and to find a reconstruction of sanctions for perpetrators of corruption based on justice. The results of the author's research in the reconstruction of Article 2 paragraph (1) of the Republic of Indonesia Law Number 31 of 1999 Concerning Eradication of Corruption are as follows Any person who unlawfully commits acts of enriching himself or others or a corporation that can harm financially the state or the economy of the state, are punished with imprisonment for a minimum of 12 (twelve) years and a maximum of 20 (twenty) years and / or capital punishment and impoverished and must return 2 (two) times the state losses. And in Article 3 of Republic of Indonesia Law Number 31 Year 1999 Concerning Eradication of Corruption Crimes “Every person with the aim of benefiting himself or someone else or a corporation, abuses.