THE APPLICATION OF MINIMUM CRIMINAL SANCTIONS AGAINST CORRUPTION PERPETRATORS : PHILOSOPHICAL REVIEW
Metsie , Syamsuddin Muhammad Noor, Muhammad Said Karim, Abd. Asis

faculty of law, Universitas Hasanuddin

Abstract

The provisions of the minimum criminal sanctions are clearly recognized under the Corruption acts. The research objective is to reformulate provision of minimum criminal sanctions. This research uses the normative method. The results of the research show that the minimum criminal sanctions provisions are clearly stated in the criminal act of corruption. Therefore, judges may impose a minimum sentence as part of the judge^s responsibility in implementing the law. However, imposing minimal punishment is clearly ineffective in overcoming corruption because it does not cause a deterrent effect and it is not in line with the sense of justice that grows in society which wants the perpetrators of corruption to be given maximum criminal sanctions. Some obstacles in the effort to combat corruption can be classified into Structural, Cultural, Intsrumental and Management obstacles.

Keywords: Application, Criminal Sanctions, Criminal Actions, Corruption

Topic: Governance and Anti-Corruption