Yuliyanto, Tri (2016) KEBIJAKAN PEMBUKTIAN DAN PENUNTUTAN OLEH JAKSA DALAM PEMBERANTASAN TINDAK PIDANA KORUPSI Studi Kasus di Pengadilan Tindak Pidana Korupsi Semarang Perkara Dari Kejaksaan Negeri Batang. Masters thesis, Fakultas Hukum UNISSULA.
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Abstract
Combating corruption is done by means exceptional. Implementation of the system of proof according to Law No. 31 of 1999 jo. Law No. 20 of 2001, enabling the prosecutor to prove that the accused committed acts of corruption, and can proceed with the prosecution. The success of the proof and the prosecution will facilitate judges in decisions which provide good and fair The purpose of this study was to describe, examine, and analyze about policies of evidence and prosecution by prosecutors in combating corruption in Semarang Corruption Court on the case of the Batang State Attorney, and the policies of evidence and prosecution by prosecutors in combating corruption for criminal law reform to come. The method used in this study is juridical sociological. Specifications of this research is descriptive analysis, which is expected to give a detailed descrip-tion, systematic, and thorough on all matters relating to the object to be examined. The data used in this study are primary data and secondary data, data obtained through interviews and literature of materials collected through the study of literature, which is then analyzed qualitatively. The results showed that : Policies of evidence and prosecution by prosecutors in combating corruption in Semarang Corruption Court on the case of the Batang State Attorney, governed by Article 183 jo. Article 184 paragraph (1) Criminal Procedure Code. To corruption there is an exception which is based on Article 37 of Law No. 31 of 1999 jo. Law No. 20 of 2001 using a system of proof which is limited and balanced. Evidence also undergone expansion under Article 26A of Law No. 20 of 2001. In determining the size of the charges, the prosecutor attention to the role of the accused, the state financial losses, mitigating circumstances of the defendant, the defendant aggravating circumstances, as well as the condition of the existing evidence. Policies of evidence and prosecution by prosecutors in combating corruption to reform criminal law is to come, will be observed in the prosecution civilly by UNCAC, 2003, as the Federal Law in the United States, carried out international cooperation for the return of assets the proceeds of corruption, implement reverse authentication and verification system modeled on the upside in Hongkong, Malaysia, and Singapore. In addition, Indonesia can observe also the prosecutorial authority in developed countries, like the United States, Britain, France, and Japan. Keywords : Policy, Evidence, Prosecution, Prosecutor, and Corruption
| Item Type: | Thesis (Masters) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum Fakultas Hukum > Ilmu Hukum |
| Depositing User: | Pustakawan 1 UNISSULA |
| Date Deposited: | 14 Oct 2016 02:12 |
| Last Modified: | 14 Oct 2016 02:12 |
| URI: | http://repository.unissula.ac.id/id/eprint/5553 |
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