“Overheidsbeleid” dan Asas “Materiele Wederrechtelijkheid” dalam Perspektif Tindak Pidana Korupsi di indonesia

Indriyanto Seno Adji


DOI: http://dx.doi.org/10.17304/ijil.vol2.3.98

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Abstract


Within the implementation of materiele wederrechtelijkheid principle, some quarrels still take place among the academicians and law enforcers. One of the reasons is because there is different position taken by the academics and by the courts in evaluating the bureaucrats’ actions in making their beleid and executing their discretionary power, in the white collar crime cases, especially in corruption cases. In relating to the placement of this principle in Criminal Code Draft, it is must be observed that the implementation will not be easy. The same condition will also apply to corruption cases. If the principle wants to be implemented, it has to be stricter, conditional, according to situation, and casualties. Discretionary power has also brought its own problem besides the implementation of the principle because of its contribution in corruption cases. This article tries to describe and examine the implementation of materiele wederrechtelijkheid principle, from corruption perspective in Indonesia.




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