法官对收受公务员贿赂的犯罪行为人的刑事制裁(研究决定编号:17/Pid.Sus-TPK/2023/PN TJK)。

Aliffia Dewi Febrianti, Bambang Hartono, Zainudin Hasan
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引用次数: 0

摘要

本文探讨了印度尼西亚的腐败犯罪现象,重点关注公务员(PNS)的贿赂行为,尤其是在楠榜市的某些案件中。腐败被认为是一个严重的问题,影响到社会的各个层面,并对国家的进步产生不利影响。本研究试图分析导致腐败犯罪行为的因素,如低工资、系统性腐败、不满情绪和贿赂文化。通过使用规范法学研究方法,本研究还评估了法官在对受贿犯罪行为人做出判决时的考虑因素。法官应能够考虑证据和指控等司法方面的因素,以及司法公正、法律确定性和社会利益等非司法因素。这项研究表明,预防和处理受贿犯罪需要在改善体制结构、提高透明度、加强监督以及提高公共服务的廉正和道德方面做出认真的努力。政府、民间社会和私营部门之间的合作对于创造一个没有腐败的环境至关重要。研究结果还强调了法官在下达判决时谨慎公正考虑的重要性。法官必须考虑司法和非司法因素,以确保做出的裁决符合法律规定、公正,并为社会提供法律确定性。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Criminal Sanctions by Judges Against Perpetrators of Criminal Acts Who Received Briberies Committed by Civil Servants (Decision Study Number: 17/Pid.Sus-TPK/2023/PN TJK)
This article examines the phenomenon of criminal acts of corruption in Indonesia, with a focus on acts of bribery committed by Civil Servants (PNS), especially in certain cases in the City of Bandar Lampung. Corruption is considered a serious problem that affects all levels of society and has a detrimental impact on the country's progress. This research tries to analyze the factors that cause criminal acts of corruption, such as low salaries, systemic corruption, dissatisfaction and a culture of bribery. By using normative juridical research methods, this research also evaluates the judge's considerations in handing down decisions against perpetrators of criminal acts of accepting bribes. Judges are expected to be able to consider juridical aspects, such as evidence and charges, as well as non-juridical factors, such as justice, legal certainty and the benefit of society. This research reveals that preventing and dealing with the crime of accepting bribes needs to involve serious efforts in improving institutional structures, increasing transparency, strengthening supervision, and increasing integrity and ethics in public services. Collaborative efforts between government, civil society and the private sector are considered essential to create an environment free of corruption. The research results also highlight the importance of judges' careful and fair consideration in handing down decisions. Judges must consider juridical and non-juridical factors to ensure that the decisions taken are in accordance with the law, fair, and provide legal certainty to the community.
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