Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Criminal Sanctions for the Abuse of Authority in Corruption Cases Based on the Values of Justice and Dignity: A Comparative Study of the Fight against Corruption in Indonesia and Japan

Author(s): Saragih Yasmirah Mandasari

The existence of corruption in Indonesia dates as far back as during colonial as the community was accustomed to giving tributes to the colonial authorities. This is a descriptive normative research drawing on a statutory approach in relation with the provisions of the Corruption Eradication Act in both Indonesia and Japan. The study related to corruption in Japan, is not just about juridical rules that can be seen in the Japanese Criminal Code in Act No. 45 of April 24, 1907, but also ethics and norms. In Japan, there is no special law that regulates corruption, in contrast to Indonesia, which has a special law that regulates corruption, but even so it turns out that Japan is one of the corruption-low countries in Asia. This study reveals that the reconstruction of criminal sanctions for abuse of authority in corruption cases based on values of justice and dignity is that mediation efforts should be made first through an administrative or civil law approach, if all available legal remedies are unsuccessful, then a repressive criminal law attempt is made as a last resort (ultimum remidium) as well as criminal sanctions against perpetrators of corruption based on justice in Article 3 of Law Number 31/1999 on the Eradication of Corruption, namely: Every person who has the purpose of benefiting himself or another person or a corporation, abuses his authority, opportunity or means existing because of a position that can harm the country's finance, is sentenced to life imprisonment or a minimum of five years imprisonment and a maximum of 20 years and or a minimum fine of Rp. 50,000,000 and a maximum of Rp. 1,000,000,000.

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