Abstract

The Corruption Court is an independent special court under the General Court. The objectives of creating the Corruption Court is, inter alia, to adjudicate the corruption cases, to eliminate the interference of other party involves in corruption cases, to keep the Court runs in the right path. Herein, in the concept of rule of law, justice principle, under the ideology of Five Principles of Pancasila may only work well if it accompanied with other principles of social, economic, political, ideological, ethnic, racial, religious, color, and even gender background. Hence, the Judges have dual function both as sanction giver but also to deter other people not commit the same crime. In this connection, the preventive measures, such as counseling and providing legal information, as well as socialization of Corruption Law are perceived to be urgent as a new method for Indonesian in combating the corruption. This study is a normative one but employing empirical- juridical approaches. The normative research was conducted to analyze the theoretical matters of legal principles, while the empirical approach employed in the form of observing the behavior of the suspect of corruption. The findings of the study shows that the Art. 53 of the 2002 Law Number 30 it was in contradiction to The 1945 Constitution for the corruption cases cannot be tried in two different courts. That is the idea of the establishment of the Corruption Court as a special court besides the so-many corruptions committed in Indonesia where the verdict of the District Court is beyond the people’s justice

Highlights

  • Corruption as an extraordinary crime affects the sustainable development in Indonesia

  • The Corruption Court is established under Law Number 30 of 2002 on the Corruption Eradication Commission

  • Art. 53 is the legal foundation to indicate that Corruption Court is a Special Court in the General Court in handling corruption cases

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Summary

INTRODUCTION

Corruption as an extraordinary crime affects the sustainable development in Indonesia. Corruption practices takeen places in Indonesia cause a lot of damages They occur in economical area, and in those of politic,. The establishment of the Corruption Eradication Commission (CEC/KPK) and Corruption Court (CC) are to indicate that corruption is seen as an ordinary crime but rather extraordinary crime. This statement is mentioned in the Elucidation of the Law Number 30 of 2002 on the CEC. In the process of CEC, it does not really run smooth as it is expected It was when the Constitutional Court (MK) granted a request for a judicial review of the Law Number 30 of 2002. After the enactment of Law Number 46 of 2009 on the CC, the problems associated with the practice of the CC began to emerge, such as the issues of the budget, infrastructure, and the issue regarding the CC‟s judges which attract the public‟s intention and the anticorruption activists as well

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