Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 22 No. 2 (2023): Pena Justisia

Kegunaan Overmacht (Pemaksaan) dalam Pertanggungjawaban Tindak Pidana Korupsi yang Dilakukan Atas Perintah Jabatan di Indonesia

Rudy (Unknown)
Ariai (Unknown)
Jabar Rahim, Abdul (Unknown)



Article Info

Publish Date
20 Oct 2023

Abstract

This study aims to analyze the usefulness of the concept of overmacht (coercion) in the context of accountability for corruption crimes committed based on official orders. In law enforcement practice, there is often an excuse from corrupt perpetrators that their actions were carried out due to pressure from their positions or orders from superiors. This raises conceptual questions about the limits of individual responsibility and the existence of excuses for forgiveness in Indonesian criminal law. This research uses normative legal research methods with a statutory approach and a conceptual approach and is analyzed using a systematic and teleological interpretation of the provisions of Article 48 and Article 51 of the Criminal Code. The analysis is also associated with the principle of criminal accountability and the principle of substantive justice. The results of the study show that overmacht can only be used as a basis for eliminating wrongdoing if the pressure of position eliminates the freedom of the perpetrator's will. Bureaucratic pressure or institutional loyalty alone is not enough to justify corrupt acts. Thus, the application of overmacht in corruption cases must be carefully assessed by judges based on the context and intensity of office pressure. This study recommends the need to reformulate legal norms in the Corruption Law and strengthen education on office ethics, so that the concept of overmacht is not abused but still functions as an instrument of substantive justice in the Indonesian criminal law system.

Copyrights © 2023






Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...