关于2020年第2号法律第27条第2节的刑法政策,该法律涉及政策、国家财政和金融体系稳定,以应对与腐败可能性相关的新冠肺炎大流行

Novri Ansyah
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引用次数: 0

摘要

以实施2020年第1号法令为借口的豁免假设之所以产生,是因为该法令第27条第(2)款明确规定,KSSK成员、KSSK秘书、KSSK秘书处成员以及财政部、印度尼西亚银行、金融服务管理局和存款保险公司的官员或雇员,以及与实施本政府法规相关的其他官员,如果他们履行职责是基于诚信并依照法律、法规的规定,则不受民事或刑事起诉。所使用的研究是规范法律研究,规范法律研究是通过检查图书馆资料或二手数据进行的图书馆法研究。本研究采用法律原则的研究方法。发现作者发现刑法政策违法第二十七条第二款2020年2号与潜在的腐败行为触犯法律,毫无疑问,这是证明了许多腐败案件发生时通过法律2020年2号,在第二十七条(2)款精确,引发大流行的腐败资金监管,相对给财务管理官员的灵活性。2020年第2号法是拨付资金以战胜新冠肺炎大流行的法律依据,通过使该法成为迄今为止生效的常规法律法规的例外(特别法),赋予了特别权力。研究结果作者发现刑法政策违法第二十七条第二款2020年2号与潜在的腐败行为触犯法律,这是腐败案件的数量证明时发生法律的颁布2020年2号,正是在第二十七条(2)款,引发大流行的腐败资金监管,相对给财务管理官员的灵活性。2020年第2号法是拨付资金以战胜新冠肺炎大流行的法律依据,通过使该法成为迄今为止生效的常规法律法规的例外(特别法),赋予了特别权力。提交人发现的结论是,针对2020年第2号法律第27条第2款的《刑法政策》与实施腐败犯罪行为的可能性有关,在颁布2020年第2号法律时发生的许多腐败案件证明了这一点,正是在第27条第(2)款中,这引发了流行病基金的腐败,这是一项相对给予财务管理官员灵活性的规定
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Criminal Law Policy On Article 27 Section 2 Of Law Number 2 Of 2020 Concerning PolicyState Finance And The Stability Of The Financial System For Managing The Covid-19 Pandemic Associated With The Potential Of Corruption
The assumption of immunity under the pretext of implementing Perppu Number 1 of 2020 arises because clearly Article 27 paragraph (2) of the Perppu states that KSSK Members, KSSK Secretaries, KSSK secretariat members, and officials or employees of the Ministry of Finance, Bank Indonesia, the Financial Services Authority, and The Deposit Insurance Corporation, and other officials, related to the implementation of this Government Regulation in Lieu of Law, cannot be prosecuted either civilly or criminally if carrying out their duties is based on good faith and in accordance with the provisions of laws and regulations. The research used is normative legal research, normative legal research is library law research conducted by examining library materials or secondary data. This study uses a research methodology on legal principles. The finding that the author found is that the Criminal Law Policy against Article 27 paragraph 2 of Law Number 2 of 2020 is linked to the potential for committing criminal acts of corruption, there is no doubt, this is proven by the many corruption cases that occurred at the time of the passage of Law Number 2 of 2020, precisely in Article 27 paragraph (2), which triggers the corruption of pandemic funds is a regulation that relatively gives flexibility to financial management officials. Law Number 2 of 2020 is the legal basis for disbursing funds to overcome the Covid-19 pandemic, providing extraordinary powers by making this Law an exception (lex specialis) from the regular legal regulations that have been in force so far. The findings that the authors found are the Criminal Law Policy against Article 27 paragraph 2 of Law Number 2 of 2020 which is linked to the potential for committing criminal acts of corruption, this is proven by the number of corruption cases that occurred at the time of the enactment of Law No. 2 of 2020, precisely in Article 27 paragraph (2), which triggers the corruption of pandemic funds is a regulation that relatively gives flexibility to financial management officials. Law Number 2 of 2020 is the legal basis for disbursing funds to overcome the Covid-19 pandemic, providing extraordinary powers by making this Law an exception (lex specialis) from the regular legal regulations that have been in force so far. The findings that the authors found are the Criminal Law Policy against Article 27 paragraph 2 of Law Number 2 of 2020 which is linked to the potential for committing criminal acts of corruption, this is proven by the many corruption cases that occurred at the time of the enactment of Law Number 2 of 2020, precisely in Article 27 paragraph (2), which triggers the corruption of pandemic funds is a regulation that relatively gives flexibility to financial management officials
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