KEBIJAKAN FORMULASI SANKSI PIDANA ALTERNATIF TERHADAP PELAKU TINDAK PIDANA KORUPSI DI INDONESIA

Abstract

The imposition of criminal sanctions against perpetrators of corruption is
based on Law No. 20 of 2001 on Amendments to Law No. 31 of 1999 on
Combating Corruption. Where the minimum sanction for perpetrators of
corruption crimes is 4 years in prison and a minimum fine of Rp 200,000,0000,-.
From the criminals contained in the law can not suppress the growth rate of
corruption in Indonesia, which resulted in existing criminal sanctions seem weak
and can not achieve the purpose of the prosecution, so it takes alternative
sanctions outside the prison to punish perpetrators of corruption crimes.
The type of research inthe angle of the method used in this study then this
researchis included in normative legal research or also called literature research,
which this research is aimed only at written laws and regulations or other legal
materials. Research sources consist of three sources, including primary sources
and secondary and popular sources. In data collection for normative research is
used methods of literature study or documentary studies.
Based on research conducted on the Policy of Formulation of Alternative
Criminal Sanctions Against Perpetrators of Corruption In Indonesia, it can be
concluded that there are several considerations that can be taken in determining
alternative criminal sanctions against perpetrators of corruption crimes in
Indonesia consisting of criminal social work, impoverishing perpetrators of
criminal acts of corruption, revocation of political rights, announcement of
judges' decisions, and refunding state losses and a fine twice the value of the
corruption.
Keywords: Criminal, Alternative, Corruption.