Regulation of private sector bribery as a crime of corruption

Abstract

Bribery is a form of corruption, but under Indonesian corruption law, bribery from private actors and other private actors (private to private) is not categorized as a criminal act of corruption. The purpose of this study is to analyze the regulation of bribery as a criminal act of corruption in the future. This research applies normative legal research, using a normative juridical approach, using legal material analysis techniques obtained from the research, examined, to be compiled systematically and presented in descriptive sentences. The results of the study indicate that based on the economic analysis of the law theory approach, it can be seen that Law No. 11 of 1980 has not been able to provide harmony between economic principles and the objectives of the law itself; in economic principle, the existence of Law No. 11 of 1980 1980 does not have the value of efficiency, balance and maximum so that sanctions against perpetrators who commit this crime need to be renewed so that they can get legal benefits with the existence of these corruption legal norms. With the conceptualization of the corruption law, there is a renewal of criminal law related to corruption where there is no longer a difference between private bribery and public actors in the future, thus the accountability carried out by public to private, or private to public actors will be a means to prevent criminal acts of corruption, using the theory of economic analysis of law from Richard Phosner indicates that there are severe sanctions resulting in private-to-private actors prefer not to take bribes, because they are seen as corruption so that there is a fear of loss of profits for themselves both present benefits and future benefits, thus this law becomes the optimal legal norm for preventing private sector corruption.