Legal Pluralism Perspective in Prosecuting Perpetrators of Bribery and Gratuities Corruption Crimes
The act of giving and receiving has been a practice since feudal times. Gifts or tributes to kings or officials, among other forms of giving, are part of traditional customs and are considered social etiquette. To address these issues, the authors analyze the theory of criminal liability, lawlessne...
| Main Authors: | , , |
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| Format: | Article |
| Language: | English |
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The Registrar and Secretariat General of the Constitutional Court of the Republic of Indonesia
2023-01-01
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| Series: | Jurnal Konstitusi |
| Subjects: | |
| Online Access: | https://jurnalkonstitusi.mkri.id/index.php/jk/article/view/2190 |
| _version_ | 1797392203350278144 |
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| author | Jamin Ginting Patrick Talbot Erdick Darryl |
| author_facet | Jamin Ginting Patrick Talbot Erdick Darryl |
| author_sort | Jamin Ginting |
| collection | DOAJ |
| description |
The act of giving and receiving has been a practice since feudal times. Gifts or tributes to kings or officials, among other forms of giving, are part of traditional customs and are considered social etiquette. To address these issues, the authors analyze the theory of criminal liability, lawlessness, legal pluralism, and the legal system. This research uses a normative juridical research methodology. The findings reveal that there are no clear boundaries concerning regulations related to bribery and gratuities, specifically regarding gifts or promises in which civil servants or public officials can or cannot accept. The application of the bribery and gratuity clause was misdirected, resulting in innocent individuals being punished while the guilty were acquitted.
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| first_indexed | 2024-03-08T23:44:47Z |
| format | Article |
| id | doaj.art-802b2648824d4c73974e468cb648b407 |
| institution | Directory Open Access Journal |
| issn | 1829-7706 2548-1657 |
| language | English |
| last_indexed | 2024-03-08T23:44:47Z |
| publishDate | 2023-01-01 |
| publisher | The Registrar and Secretariat General of the Constitutional Court of the Republic of Indonesia |
| record_format | Article |
| series | Jurnal Konstitusi |
| spelling | doaj.art-802b2648824d4c73974e468cb648b4072023-12-14T01:14:50ZengThe Registrar and Secretariat General of the Constitutional Court of the Republic of IndonesiaJurnal Konstitusi1829-77062548-16572023-01-0120410.31078/jk2049Legal Pluralism Perspective in Prosecuting Perpetrators of Bribery and Gratuities Corruption CrimesJamin Ginting0https://orcid.org/0000-0001-8052-3503Patrick Talbot1https://orcid.org/0009-0009-5347-0982Erdick Darryl2https://orcid.org/0009-0006-7283-3660Faculty of Law, Universitas Pelita Harapan, Jakarta, IndonesiaYWAM, University of Nation, Hawaii, USAFaculty of Law, Universitas Pelita Harapan, Jakarta, Indonesia The act of giving and receiving has been a practice since feudal times. Gifts or tributes to kings or officials, among other forms of giving, are part of traditional customs and are considered social etiquette. To address these issues, the authors analyze the theory of criminal liability, lawlessness, legal pluralism, and the legal system. This research uses a normative juridical research methodology. The findings reveal that there are no clear boundaries concerning regulations related to bribery and gratuities, specifically regarding gifts or promises in which civil servants or public officials can or cannot accept. The application of the bribery and gratuity clause was misdirected, resulting in innocent individuals being punished while the guilty were acquitted. https://jurnalkonstitusi.mkri.id/index.php/jk/article/view/2190Corruption CrimeBribery and GratuitiesLegal Pluralism |
| spellingShingle | Jamin Ginting Patrick Talbot Erdick Darryl Legal Pluralism Perspective in Prosecuting Perpetrators of Bribery and Gratuities Corruption Crimes Jurnal Konstitusi Corruption Crime Bribery and Gratuities Legal Pluralism |
| title | Legal Pluralism Perspective in Prosecuting Perpetrators of Bribery and Gratuities Corruption Crimes |
| title_full | Legal Pluralism Perspective in Prosecuting Perpetrators of Bribery and Gratuities Corruption Crimes |
| title_fullStr | Legal Pluralism Perspective in Prosecuting Perpetrators of Bribery and Gratuities Corruption Crimes |
| title_full_unstemmed | Legal Pluralism Perspective in Prosecuting Perpetrators of Bribery and Gratuities Corruption Crimes |
| title_short | Legal Pluralism Perspective in Prosecuting Perpetrators of Bribery and Gratuities Corruption Crimes |
| title_sort | legal pluralism perspective in prosecuting perpetrators of bribery and gratuities corruption crimes |
| topic | Corruption Crime Bribery and Gratuities Legal Pluralism |
| url | https://jurnalkonstitusi.mkri.id/index.php/jk/article/view/2190 |
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