Kebijakan Reformulasi Terhadap Pemberian Gratifikasi Seksual Dalam Tindak Pidana Korupsi Di Indonesia

Winarto, Vicky Khoila (2021) Kebijakan Reformulasi Terhadap Pemberian Gratifikasi Seksual Dalam Tindak Pidana Korupsi Di Indonesia. Other thesis, Universitas Islam Riau.

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Abstract

Abstract Corruption is rottenness, ugliness, corruption, dishonesty, can be bribed, deviations from purity such as embezzlement of money, receiving bribes and so on. Gratification is a gift in a broad sense that can potentially become a form of bribery corruption if it is related to one's position and is contrary to his / her obligations as a civil servant or state administrator. During its development, gratification has also experienced development, not only covering bribes in the form of material but also in sexual services. The granting of gratuities is clearly regulated in the provisions of Article 12 B of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption, Sex Gratification has not been regulated clearly and firmly, so there are no provisions to accommodate these problems. The main problem in this research is the provision of sexual gratification in criminal acts of corruption in Indonesia today and the reformulation policy towards granting sexual gratification in corruption in Indonesia in the future. This type of research belongs to the Normative law research class. Meanwhile, seen from its nature, this research is descriptive analytical. Gratification is a gift in a broad sense which includes the provision of money, goods, rebates (discounts), commissions, interest-free loans, travel tickets, lodging facilities, travel tours, free medical treatment, and other facilities. In the current development, a new phenomenon has emerged, namely the frequent serving of sexual services. The lack of clarity regarding the regulation regarding sexual gratification in Article 12B of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption Crimes automatically This law also does not clearly regulate appropriate sanctions imposed on perpetrators, both the giver and the recipient. sexual gratification services. so that law enforcers can easily apply the rule of law because of the legal certainty for this act of sexual gratification. The provisions regarding sexual gratification are still vague. Providing in the form of sexual services or sexual gratification requires a formulation as a criminal act in the future (ius constituendum). This formulation is an effort to reform criminal law in order to realize the role of law that provides protection in order to create an orderly and prosperous society. Policy formulation against sexual gratification as a preventive measure in the context of eradicating the criminal act of corruption.

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