Kanun: Jurnal Ilmu Hukum
Vol 23, No 3 (2021): Vol. 23, No. 3, December 2021

Application of the Reasons for Elimination of Criminals in Cases of Corruption

Ifrani Ifrani (Faculty of Law Lambung Mangkurat University)
Noor Reza Ihsan (Faculty of Sharia State Islamic Institute of Palangka Raya)



Article Info

Publish Date
30 Dec 2021

Abstract

The purpose of this study was to find out the application of the reasons for the elimination of criminals in cases of corruption. The results of this study are case number: 87/Pid.Sus/2010/PN.Mrb, which was strengthened in the Supreme Court's Cassation decision number: 321 K/Pid.Sus/2011, was wrong in applying the excuse of forgiveness as the reason for eliminating the crime in its legal considerations, where the element of forgiving reason applied by the Panel of Judges was not fulfilled, but the justifying reason should be applied because one of the elements of Article 3 of Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning the eradication of criminal acts of corruption was not fulfilled because it relied on legal facts and expert testimony without mentioning in detail and with certainty who was benefited from the act, so the implication in this case is that the defendant should be acquitted (vrisjpraak).

Copyrights © 2021






Journal Info

Abbrev

kanun

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

anun: Jurnal Ilmu Hukum (KJIH), the Indonesian Journal of Autonomy Law, is an international journal dedicated to the study of autonomy law within the framework of national and international legal systems. Published thrice annually (April, August, December), KJIH provides valuable insights for ...