Practice of Criminal Actions in Criminal Acts of Corruption

Abstract

Attempting to commit a criminal act is a complete and independent offense. Attempts to commit new corruption are at the stage of intention or preparation. Attempted corruption is punishable by the same punishment as committing a criminal act of corruption. The purpose of this study is to examine the regulation of trial of criminal acts in Indonesian positive law and the practice of trial of criminal acts in corruption. The approach used in this research is the law approach and the case approach. This research data collection technique was carried out through conventional and online literature searches. The data analysis technique used in this study is qualitative because the data is presented in a narrativedescriptive manner. The results of the study show that the law only provides provisions regarding the terms of the trial of a criminal act as to what can be punished. Arrangements on trials are regulated according to Article 53 and Article 54 of the Criminal Code. The trial is not a completed offense and is not a stand-alone offense. It is proven that the experiment is regulated in the Criminal Code. If someone is accused of carrying out an experiment, an article must be charged against the desired act. The conditions in an attempt to commit a criminal act of corruption must be the same as the provisions of Article 53 of the Criminal Code, namely that there must be an intention, the beginning of implementation, and the act is not completed not solely because of its own will. The criminal threat is the same as for other corruption offenses. Legislation concerning the eradication of corruption, which contains many elements of trial, is a criminal act of bribery, both active bribery and passive bribery, and constitutes gratification. This crime will involve bribery actors from the private sector and bribe recipients from civil servants or state officials