Open AccessPENERAPAN KUMULASI SANKSI EKSTERNAL DALAM PENEGAKAN HUKUM PIDANA KORUPSI OLEH PEJABAT PEMERINTAHAN DI KABUPATEN SLEMAN
Author(s) -
Y. Sri Pudyatmoko,
Gregorius Aryadi Aryadi
Publication year - 2020
Publication title -
refleksi hukum
Language(s) - English
Resource type - Journals
eISSN - 2541-5417
pISSN - 2541-4984
DOI - 10.24246/jrh.2020.v4.i2.p155-174
Subject(s) - punishment (psychology) , normative , language change , law , political science , enforcement , legal research , state (computer science) , law enforcement , government (linguistics) , criminology , sociology , psychology , social psychology , art , linguistics , philosophy , literature , algorithm , computer science
This research was undertaken in response to a concern of a legal problem in relations to corruption elimination in Indonesia. The problem highlighted in this research focuses on different perspectives on legal considerations taken by judges and government officers who have authorities to conduct administrative law enforcement in corruption cases and it also focuses on the existed problems in the implementation of cumulative external punishment. This research uses normative research method to analyze the consideration of the judges of Sleman State Court and Regional Officers who have authorities to implement administrative punishment in eliminating corruption case by using cumulative external punishment. It is found as the result of this research that the judge’s considerations observed few matters: the existence of legal violation act which is beyond authority, the intention to enrich particular persons, and the appearance of the State’s loss. Meanwhile, the considerations of the authorized government officers concluded that the administrative penalty should be applied to a person who was found guilty in doing corruption. This article stresses that the implementation of external cumulative punishment contradicts the principle of ultimum remidium as the administrative punishment is applied after the convicted is charged with criminal punishment.