Kata Dapat Merugikan Keuangan Negara Dalam Undang-Undang Tindak Pidana Korupsi dan Undang-Undang Perbendaharaan Negara
Abstract
Introduction: The element of State Financial Loss in the Corruption Law as a formal offence where to prove the state financial loss whether the state lost or not, is not important but more emphasis on the potential financial loss of the state and the State Treasury Law as a material offence which emphasizes that the state financial loss must be proven and calculated.
Purposes of the Research: Analysing the Elements of State Financial Loss in the Corruption Law and the State Treasury Law.
Methods of the Research: The research method used is normative juridical, with a statutory and conceptual approach. The sources of legal materials used are primary, secondary, and tertiary legal materials. The technique of collecting legal materials carried out in this research is through literature study, namely by searching legal materials by reading, seeing, listening, or now it is mainly done by searching via the internet. The data will be analyzed using quantitative data analysis techniques in a quantitative approach. Quantitative related to the relationship of variables is analyzed using an objective theory, then described to solve the main problem in this study.
Results of the Research: the conclusions can be drawn as follows: The element "may harm state finances or the state economy" is a potential loss of state finances or the state economy, not only because the act is "detrimental to state finances or the state economy in real terms", but only "may" cause losses as a possibility or potential loss. The word "may" before the phrase "harming state finances or the state economy" indicates that the criminal offence of corruption is a formal offence, that is, the existence of a criminal offence of corruption is sufficient with the fulfilment of the elements of the formulated act, not with the occurrence of the consequences. With the formulation of the criminal offence of corruption as contained in Article 2 paragraph (1) and Article 3 of Law Number 31 Year 1999 as amended by Law Number 20 Year 2001 as a formal offence, the existence of losses to the state or the state economy does not have to have occurred, because what is meant by a formal offence is an offence that is considered to have been completed by the commission of an act prohibited and threatened with punishment by law. With the formulation of the criminal offence of corruption as a formal offence, the existence of state financial losses or losses to the state economy does not have to have occurred, because a formal offence is an offence that is considered to have been completed by the commission of a prohibited act and is threatened with punishment by law.
Downloads
References
Dian Puji Nugraha Simatupang, Paradoks Rasionalitas Perluasan Ruang Lingkup Keuangan Negara dan Implikasinya terhadap Kinerja Keuangan Pemerintah, Badan Penerbit Fakultas Hukum Universitas Indonesia, Jakarta, 2011.
Hanafi Amrani and Isa Ayu Elvani, ‘Esensi Keberadaan Pasal 4 Undang-Undang Pemberantasan Tindak Pidana Korupsi Dan Implementasinya Dalam Praktek Penegakan Hukum’, Fakultas Hukum Universitas Islam Indonesia Yogyakarta, 2017.
I. G. M. Nurdjana, Sistem Hukum Pidana dan Bahaya Laten Korupsi “Perspektif Tegaknya Keadilan Melawan Mafia Hukum”, Pustaka Pelajar, Yogyakarta, 2010.
Indonesia Corruption Watch, Penerapan Unsur Merugikan Keuangan Negara dalam Delik Tindak Pidana Korupsi, Yayasan Lembaga Bantuan Hukum Indonesia, Jakarta, 2014.
Kerugian Keuangan Negara Dalam Tindak Pidana Korupsi Diakses Pada Hukumonline.com Tanggal 25/05/2023.
Koesno Adi, Penanggulangan Tindak pidana Korupsi Dalam Berbagai Perspektif, Setara Press, Malang, 2014.
R Wiyono, Pembahasan UndangUndang Tindak Pidana Korupsi. Sinar Grafika, 2008.
S. Serbabagus Serbabagus, ‘Unsur Dapat Merugikan Keuangan Negara Atau Perekonomian Negara Pada Pertanggungjawaban Tindak Pidana Korupsi’, Lex Journal: Kajian Hukum & Keadilan 1, no. 1 (19 July 2017), https://doi.org/10.25139/lex.v1i1.239.
Copyright (c) 2023 Harly Clifford Jonas Salmon
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Copyright:
Authors who publish their manuscripts in this Journal agree to the following conditions:
- The copyright in each article belongs to the author, as well as the right to patent.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.
- Authors have the right to self-archiving of the article (Author Self-Archiving Policy)
Licence : This Journal is disseminated based on the Creative Commons Attribution-NonCommercial 4.0 International license terms. This license allows anyone to copy and redistribute this material in any form or format, compose, modify, and make derivatives of this material for any purpose. You cannot use this material for commercial purposes. You must specify an appropriate name, include a link to the license, and certify that any changes have been made. You can do this in a way that is appropriate, but does not imply that the licensor supports you or your use.
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License..
