CORRUPTION CRIMES REGARDING GRATIFICATION IN THE FORM OF SEXUAL SERVICES
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Institusion
Universitas Darul ulum
Author
Ramadhan, Alun Rahmawan
Subject
HG Finance
Datestamp
2022-10-09 06:42:54
Abstract :
The purpose of the research in order to fulfill the requirements of this writing is as follows: 1) To find out the criminal act of corruption regarding gratification in the form of sexual services. 2) To find out the technique of proving the fault of the recipient of a pleasure gift in the form of sexual services as a criminal act of gratification. The type of research used is the type of normative legal research. That is to provide a complete picture of the positive legal review, in this case the criminal act of corruption regarding gratification in the form of sexual services. The crime of corruption is a very serious crime that is categorized as an extraordinary crime (extraordinary crime) because its impact is not only detrimental to state finances, disturbing the stability and security of society, weakening the values of democracy, ethics, justice and legal certainty, but also has violated the social and economic rights of the community at large. Based on the results of the study, it was concluded that 1) The criminal act of corruption regarding gratification in the form of sexual services. Based on the explanation of Article 12 B of Law no. 20 of 2001 concerning the Eradication of Criminal Acts of Corruption, the word "other facilities" can be interpreted broadly, so that sexual services can be categorized as gratuities. However, it must also fulfill the elements of Article 12 B of Law no. 20 of 2001 concerning the Eradication of Corruption Crimes. 2) The technique of proving the fault of the recipient of a pleasure gift in the form of sexual services as a criminal act of gratification is to prove whether or not all elements of Article 12 B of Law no. 20 of 2001 concerning the Eradication of Criminal Acts of Corruption by using a balanced reverse proof system, in which both the prosecutor and the defendant are burdened with proof about whether or not sexual gratification has been given/provided, whether or not the defendant has received, whether or not the sexual gratification is true or not is gratification. as referred to in Article 12 B of Law no. 20 of 2001, whether or not the sexual gratification received is related to his/her position/contrary to his/her obligations and duties. The evidence that can be used to prove the guilt of the recipient of sexual gratification is evidence that is limitedly regulated in the provisions of Article 184 paragraph (1) of the Criminal Procedure Code, namely witness testimony, expert testimony, letters, instructions, statements of the defendant and evidence of instructions. regulated in the Corruption Law. Keywords: corruption, gratification, sexual services
The purpose of the research in order to fulfill the requirements of this writing is as follows: 1) To find out the criminal act of corruption regarding gratification in the form of sexual services. 2) To find out the technique of proving the fault of the recipient of a pleasure gift in the form of sexual services as a criminal act of gratification. The type of research used is the type of normative legal research. That is to provide a complete picture of the positive legal review, in this case the criminal act of corruption regarding gratification in the form of sexual services. The crime of corruption is a very serious crime that is categorized as an extraordinary crime (extraordinary crime) because its impact is not only detrimental to state finances, disturbing the stability and security of society, weakening the values of democracy, ethics, justice and legal certainty, but also has violated the social and economic rights of the community at large. Based on the results of the study, it was concluded that 1) The criminal act of corruption regarding gratification in the form of sexual services. Based on the explanation of Article 12 B of Law no. 20 of 2001 concerning the Eradication of Criminal Acts of Corruption, the word "other facilities" can be interpreted broadly, so that sexual services can be categorized as gratuities. However, it must also fulfill the elements of Article 12 B of Law no. 20 of 2001 concerning the Eradication of Corruption Crimes. 2) The technique of proving the fault of the recipient of a pleasure gift in the form of sexual services as a criminal act of gratification is to prove whether or not all elements of Article 12 B of Law no. 20 of 2001 concerning the Eradication of Criminal Acts of Corruption by using a balanced reverse proof system, in which both the prosecutor and the defendant are burdened with proof about whether or not sexual gratification has been given/provided, whether or not the defendant has received, whether or not the sexual gratification is true or not is gratification. as referred to in Article 12 B of Law no. 20 of 2001, whether or not the sexual gratification received is related to his/her position/contrary to his/her obligations and duties. The evidence that can be used to prove the guilt of the recipient of sexual gratification is evidence that is limitedly regulated in the provisions of Article 184 paragraph (1) of the Criminal Procedure Code, namely witness testimony, expert testimony, letters, instructions, statements of the defendant and evidence of instructions. regulated in the Corruption Law. Keywords: corruption, gratification, sexual services
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