Sentencing System and Criminal Liability in Corruption Act

Abstract

Indonesia should become an economically strong country and prosperous country in advancing their national economy due to the luxurious natural resources. Corruption has systematically happened and is spreading out to the point that it harms the state finances and also violates the socio-economic rights of the people generally. This research is a normative-legal research. The types and source of data in this research are primary and secondary data. The research’s results show that the sentencing system is governed by the Law No. 31 of 1999 as amended by Law No. 20 of 2001 concerning the Revision of Law No.31 of 1999 concerning the Eradication of Corruption and the Indonesia Penal Code. Those laws only regulate sentence in jail and fine for the corruptors; Criminal liability should fulfill an objective and a subjective element. In terms of the elements of criminal liability in corruption, it must have the element of responsibility, the element of fault, and the element of non-existing pardon.

Keywords: Sentencing system, Criminal liability, Corruption act.