The Antinomy of The Application of The Principle of Premium Remedium in Enforcing the Criminal Act of Corruption For State Financial Loss

Abstract

Premium Remedium as a legal principle, with regard to prioritizing the imposition of criminal sanctions, should not be a form of application of absolute theory but as a form of application of expanded integrative theory in the aim of punishment as a guarantee of legal protection and certainty for every citizen seeking justice, in accordance with the mandate of Article 28 D of the 1945 Constitution. The application of the principle of premium remedium in law enforcement for criminal acts of corruption causing losses to state finances, is faced with positive law which places the function of administrative law as a premium remedium in law enforcement for acts that are detrimental to state finances, which is a reality of legal antinomy. The issue raised is what legal principles are the basis for the implementation of the provisions of Law Number 31 of 1999 (UUPTPK) concerning the Eradication of Premium Remdium Corruption Crimes.

The type of research used is normative research, namely research that primarily examines positive legal provisions, legal principles, legal principles and legal doctrine in order to answer the legal issues faced using a problem approach, statutory regulation approach, conceptual approach, philosophical approach. The legal materials used are primary legal materials and secondary legal materials.

The research results show that the functionalization of the Corruption Eradication Law is Premium Remedium in law enforcement for offenses involving state financial losses, which is in contradiction with the Premium Remedium nature which is explicitly normatively attached to administrative law as a means of resolving state financial losses based on the provisions of Article 14 UUPTPK. The Premium Remedium principle attached to the a quo Eradication of Corruption Crimes is based on the principle of retributive justice or absolute theory which is not commensurate with the aim of expanded integrative punishment as contained in Law Number 1 of 2023 concerning the Criminal Code which has restorative justice as its core.

Key words: Premium Remedium Principle, criminal acts of corruption, legal antinomy

DOI: 10.7176/JLPG/146-01

Publication date: February 28^th 2025