The Concept of Conspiring to Corrupt in Criminal Law as Ius Contituendum

The term conspiring to commit criminal acts in Article 15 of PTPK Act cannot refer to existing norms under Article 88 of the KUHP. The criminal act which is to conspire to commit such acts within PTPK Act has been regulated within the Indonesian legal system and recognized by law enforcers. However,...

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Main Author: Yulianto Yulianto
Format: Article
Language:English
Published: Universitas Airlangga 2019-12-01
Series:Yuridika
Subjects:
Online Access:https://e-journal.unair.ac.id/YDK/article/view/16852
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author Yulianto Yulianto
author_facet Yulianto Yulianto
author_sort Yulianto Yulianto
collection DOAJ
description The term conspiring to commit criminal acts in Article 15 of PTPK Act cannot refer to existing norms under Article 88 of the KUHP. The criminal act which is to conspire to commit such acts within PTPK Act has been regulated within the Indonesian legal system and recognized by law enforcers. However, the lack of elaboration and clarity towards this type of criminal act in the PTPK Law has hindered law enforcers from utilizing Article 15 of the PTPK Act to combat corruption. The Constitutional Court has attempted to resolve the legal uncertainty of Article 15 of the PTPK Act, however this has been proven to become burdensome for law enforcers in applying the criminal justifications of conspiracy under the scope of Article 15 of the PTPK Act. The criminal act which is to conspire to commit such acts within PTPK Act has been regulated within the Indonesian legal system and recognized by law enforcers.
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spelling doaj.art-597dc5f19df04fadbed55f69151054d32024-02-03T01:18:44ZengUniversitas AirlanggaYuridika0215-840X2528-31032019-12-0135242945410.20473/ydk.v35i2.168528021The Concept of Conspiring to Corrupt in Criminal Law as Ius ContituendumYulianto Yulianto0High Attorney of West SumatraThe term conspiring to commit criminal acts in Article 15 of PTPK Act cannot refer to existing norms under Article 88 of the KUHP. The criminal act which is to conspire to commit such acts within PTPK Act has been regulated within the Indonesian legal system and recognized by law enforcers. However, the lack of elaboration and clarity towards this type of criminal act in the PTPK Law has hindered law enforcers from utilizing Article 15 of the PTPK Act to combat corruption. The Constitutional Court has attempted to resolve the legal uncertainty of Article 15 of the PTPK Act, however this has been proven to become burdensome for law enforcers in applying the criminal justifications of conspiracy under the scope of Article 15 of the PTPK Act. The criminal act which is to conspire to commit such acts within PTPK Act has been regulated within the Indonesian legal system and recognized by law enforcers.https://e-journal.unair.ac.id/YDK/article/view/16852corruptionbad conspiracyius constitutedum
spellingShingle Yulianto Yulianto
The Concept of Conspiring to Corrupt in Criminal Law as Ius Contituendum
Yuridika
corruption
bad conspiracy
ius constitutedum
title The Concept of Conspiring to Corrupt in Criminal Law as Ius Contituendum
title_full The Concept of Conspiring to Corrupt in Criminal Law as Ius Contituendum
title_fullStr The Concept of Conspiring to Corrupt in Criminal Law as Ius Contituendum
title_full_unstemmed The Concept of Conspiring to Corrupt in Criminal Law as Ius Contituendum
title_short The Concept of Conspiring to Corrupt in Criminal Law as Ius Contituendum
title_sort concept of conspiring to corrupt in criminal law as ius contituendum
topic corruption
bad conspiracy
ius constitutedum
url https://e-journal.unair.ac.id/YDK/article/view/16852
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