Penal Individualization Principles of Specific-Minimum Criminal System within Corrupt Criminal Offense In Indonesia

Abstract

This study focuses on the analysis of penal individualization principles of specific-minimum penal system within corrupt criminal offense in Indonesia. Corruption is one form of crime that inhibit the goals and ideals of the Indonesian nation. One means that believed to eradicate corruption is by using the criminal law. Legal issues are analyzed: What philosophical foundation policy formulation system of corruption criminalization in Indonesia; and how about the criminal individualization principles of specific minimum criminal system within corrupt criminal offense in Indonesia for the future. Philosophical foundation policy formulation of specific minimum criminal system in Indonesia based on the value of justice that aims to protect the interests of the society. The criteria of criminal individualization principles visible from criminal liability is personal, only the guilty are punished, but not seen any of the characters that is tailored to the circumstances of criminal offenders / humanity is linked to the purpose of criminal prosecution. criminal individualization principles of specific-minimum criminal system  within corrupt criminal offense in the future still rational for society for the protection of threatened corruption, but should be equilibrated the protection of individuals who reflect the principle of individualization of criminal to formulate specific guidelines for the implementation of the minimum penal, if there are mitigating factors criminal.

Keywords: penal individualization, a specific minimum, corruption.