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All Journal Jurnal Hukum & Pembangunan
Akbar, Muhammad Fatahillah
Dosen Fakultas Hukum Universitas GadjahMada
Law, Crime, Criminology & Criminal Justice

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Diskursus Kriminalisasi Pemidanaan terhadap Pemberi Gratifikasi Akbar, Muhammad Fatahillah
Jurnal Hukum & Pembangunan Vol. 54 No. 4 (2025)
Publisher : UI Scholars Hub

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This article aims to examine the legal basis to prosecute gratifiers in Indonesian Corruption Justice System. Samin Tan as the giver of gratification to Eni Maulani Saragih had been acquitted by the Corruption Court of Jakarta Decision Number 37/Pid.Sus-TPK/2021/PN.Jkt.Pst on 30th August 2021. Then, the Cassation to Supreme Court had also been rejected by Supreme Court Decision Number 2205 K/Pid.sus/2022 on 9th June, 2022. Hence, Samin Tan stays acquitted. The decision majorly focuses on the “absence” of law which criminalizes gratifiers or gratification givers. Therefore, this article elaborates how similar cases shall be handled in the future. In answering the legal questions, there are crucial notes for KPK and also the court. From the beginning, Eni Maulani Saragih shall be indicted and convicted for bribery, not gratification. By doing so, the prosecution on the giver will not face such difficulties. Besides that, the court also considered that there is no particular article to prosecute gratifier, but briber. Howerver, Article 5 paragraph (1) letter a, letter b, and also article 13 of the Corruption act can also be applied to gratification giver. Article 12B for gratification receiver employes the wording “gratification as bribery”, so that those article may also apply for gratification receiver. This has also been proven in previous cases discussed in the Article.
Penerapan Pertanggungjawaban Pidana Korporasi Dalam Berbagai Putusan Pengadilan Akbar, Muhammad Fatahillah
Jurnal Hukum & Pembangunan Vol. 51 No. 3 (2021)
Publisher : UI Scholars Hub

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By the development of criminal law in Indonesia, the corporate criminal responsibility has been introduced in many Acts. In the practices, there are criminal court decisions which sentenced corporations. This article aims to comprehensively examine how corporate criminal responsibility is implemented in various court decisions. It is found that aggregation theory, which corporate criminal responsibility is based on the actions of some people in the corporation scope, has been applied in most cases. Howeverm the weakness of the aggregation theory, in environment crimes, only corporation which was responsible and most organizers were not. On the other hand, in the corruption cases, the organizers, such as directors, were responsible, even thought they were adjudicated in different examinations. In promoting cheap, efficient, and simple examination, the combination of cases between corporations and directors shall be applied more. Furthermore, the Supreme Court Regulation Number 13 of 2016, the corporate criminal responsibility provision shall be regulated in the Act type, such as in the Bill of Criminal Code.
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