Legal Culture against Gratification Crime Development in Indonesia (A Socio-Cultural Perspective)

Abstract

This research reviews the influence of Legal Culture Against Gratification Crime Development in Indonesia. The aims of this study are to understand the influence of legal cultural against gratification crime development in terms of socio-cultural perspective. The type of study was a normative research, which examines the influence of legal culture, especially the cultural value system of reciprocity to the gratification crime development in Indonesia. The results of study showed that the arrangement of bribery in the formulation of the United Nations Convention against Corruption and not included the elements of acceptance of gifts as a form of criminal offence. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. It takes some fundamental changes in the concerned legislation, in an effort to synchronize and harmonization between socio-cultural system value and reciprocating culture with the legal system, especially the criminalization of gratification. Should the elements of gratification to be adopted or merged into the elements of the crime of bribery. Accordingly, aspect of cultural value of reciprocation is not criminalized in the form of gratification, but effort to eradicate corruption remains done through the eradication of bribery.

Keywords: Corruption, Gratification, Legal Culture, Socio-Cultural