THE URGENCY OF CRIMINALIZATION OF BRIBERY IN THE PRIVATE SECTOR AS A CRIMINAL ACTION OF CORRUPTION IN THE CORRUPTION LAW

Abstract

The purpose of this study is to examine the philosophical basis, the urgency of regulating bribery as a criminal act of corruption and reformulating the regulation of bribery as a criminal act of corruption in the future. This study applies normative legal research, using a normative juridical approach, using analysis techniques of legal materials obtained from research, examined, to be compiled systematically and presented in descriptive sentences. The results of the study indicate that the cause of the weakness of the corruption law is due to the absence of norms (vague of norms) from the perpetrators of corruption crimes committed other than the government. That every private actor in committing a criminal act of corruption is required to have joint participation with state officials (state apparatus), other than that it is not a criminal act of corruption, even though the consequences of that act have caused state financial losses or very large state economic losses. This study focuses on legal subjects, legal acts and criminal sanctions (penal) which are more open in order to achieve fair legal certainty against bribery by private to private actors, thus there is a need for new regulatory arrangements regarding private to private bribery. as a criminal act of corruption in Indonesia.