拓宽腐败刑事法院权限,根除腐败、串通、裙带关系

Sultan Fauzan Hanif
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引用次数: 1

摘要

从整体上严肃对待铲除KKN,而不是只注重铲除腐败,这符合《廉政和无KKN政府实施法》中有关串通和裙带关系的规定。在立法中,勾结和裙带关系被制定为犯罪行为,其肇事者将受到刑事制裁的威胁。这意味着勾结和裙带关系是法律所禁止的行为。印度尼西亚有一个审理腐败案件的特别法庭,但这些法庭没有权力审理串通和裙带关系的犯罪行为。本文提出的问题的提法是:1)确定被授权审理串通和裙带关系犯罪行为的法院的紧迫性是什么?2)与合谋和裙带关系犯罪行为裁判权相关的法律政策是什么?本文采用的研究方法是规范法研究。研究结果表明,虽然在司法上,串通和裙带关系罪应在普通法院审判,在这种情况下,地区法院,在实践中,裙带关系罪已在a级明库鲁地区法院的腐败法庭审判,并在第61/Pid号决定。Sus-TPK / 2016 / PN.Bg。因此,有必要明确哪些法院有权裁定串通和裙带关系犯罪行为。作为加强全面铲除KKN的一个步骤,应扩大与合谋和裙带关系犯罪行为审判权有关的法律政策,如果不采取这些步骤,重要的是撤销《廉政和无KKN政府实施法》中关于合谋和裙带关系犯罪行为的规定,以确保法律的确定性。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Broaden The Authority of The Corruption Criminal Act Courts in Order to Eradicate Corruption, Colusion and Nepotism
Seriousness in eradicating KKN as a whole and not only focusing on eradicating corruption alone is in line with the regulations regarding collusion and nepotism in the Law on the Implementation of Clean and KKN-free Government. In the legislation, collusion and nepotism are formulated as criminal acts whose perpetrators are threatened with criminal sanctions. This means that collusion and nepotism are actions that are prohibited by the law. Indonesia has a Special Court to hear corruption cases, but these courts do not have the authority to try criminal acts of collusion and nepotism. The formulation of the problem raised in this paper is 1) What is the urgency of determining the court that is authorized to adjudicate criminal acts of collusion and nepotism? 2) What is the legal policy that should be related to the authority to adjudicate criminal acts of collusion and nepotism? The research method used `is normative legal research. The results of the study indicate that although juridically, the crime of collusion and nepotism should be tried in the general court, in this case the district court, in practice, the crime of nepotism has been tried and decided at the Corruption Court at the Class IA Bengkulu District Court in Decision Number 61/Pid. Sus-TPK/2016/PN.Bg. Therefore, it is necessary to clarify what court is authorized to adjudicate criminal acts of collusion and nepotism. The legal policy that related to the authority to adjudicate criminal acts of collusion and nepotism should be to expand as a step to strengthen the comprehensive eradication of KKN, if these steps are not taken, it is important to revoke the provisions for criminal acts of collusion and nepotism contained in the Law on the Implementation of Clean and KKN-free Government to ensure legal certainty .
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