Retno Hadiningtyas

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The Applicability of Article 4 of Anti – Corruption Law and The Theory of Tort

Didik Endro Purwoleksono

Pages 21 – 36

https://e-journal.unair.ac.id/YDK/article/view/7552

Indonesia has decided in its constitution as a rule of law that requires the law to establish good
authority or relations between the government and its people and between communities.
Corruption has a large impact on a very broad scale and is against the law. Thus the purpose of
this law is to provide justice for all people and to realize legal justice must discuss the legal
nature. Government efforts in terms of forming the Corruption Eradication Commission (KPK)
to ensure justice for all Indonesians.

The loss of the legal nature of corruption is a theory put forward by Nigel Walker and Jeremy
Bentham. Nigel Walker writes that the law should not be used for: First, the purpose of
retaliation. Second, for actions that do not cause victims and or losses. Third, compilation there
are other facilities that are more effective and with less loss in relation to what is considered
despicable. Fourth, if the criminal negative is greater than the crime. Fifth, if you do not have
strong public support. Sixth, if it has been calculated will not succeed or will not be done.

By returning all the proceeds of corruption, the defendant or the suspect can benefit from the
trial in court, which is proven to eliminate the lawless nature of corruption, so that the accused
is proven to be a legal cause for recht vervolging Corruption and not a free sentence
(vrijspraak).

Undeniably the defendant returned the enrichment from corruption along with the benefits
obtained with his own awareness, first, it did not fulfill the requirements of corruption as such,
this is not a crime. Secondly, the provisions of Article 4 of the Corruption Law can be misused
or not enforced, in other words not only to ease the defendant's payment, but the defendant
does not need to be approved or purchased.