Al-Mizan (e-Journal)
Vol. 18 No. 2 (2022): Al-Mizan (e-Journal)

Illicit Enrichment Dalam Upaya Pemberantasan Korupsi Di Indonesia

Mohamad Said Al-Hamid (Universitas Islam Indonesia (UII) Yogyakarta)



Article Info

Publish Date
31 Dec 2022

Abstract

This study aims to elaborate on whether the criminalization of illicit enrichment has the potential to be an efficient and balanced action against corruption crimes, especially by public officials and to offer alternative formulations of illicit enrichment arrangements in corruption law as an effort to eradicate crime corruption in Indonesia. This study discusses the differences in the formulation of offenses in Article 2 Paragraph (1) and Article 3 of Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crimes illicit enrichment in United Nations Convention Against Corruption (UNCAC) and offer alternative formulations of illicit enrichment in corruption laws. This study uses a normative legal research method with a statutory approach and a contextual approach. The results of the study show that Indonesia has ratified the concept of illicit enrichment in the UNCAC but has not regulated further illicit enrichment in its national law. Even though Indonesia has regulated its provisions in Article 2 and Article 3 of the Corruption Law, these provisions still have weaknesses and have not accommodated the concept of illicit enrichment contained in the UNCAC. Therefore, in the following discussion, the authors offer the illicit enrichment offense formulation as an effort to eradicate corruption in Indonesia.

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Journal Info

Abbrev

am

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Al-Mizan (e-Journal) is a scientific periodical journal published by Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LP2M) IAIN Sultan Amai Gorontalo, Indonesia. The journal puts emphasis on aspects related to Islamic law studies, sharia, Islamic yurisprudence (fiqh) and law studies with ...