Escolar Documentos
Profissional Documentos
Cultura Documentos
OBJECTIVES:
The Distinctions between Act No.3/1971 Act No. 31/1999 jo. 20/2001 Review and Discussion
1. 2.
Before Old Decade Old Decade: Soekarno New Decade: Soeharto Act. No.3/1971 Reformation Decade: Act No. 31/1999 jo. Act No.20/2001
1970
Press Decree to Assess Commission of Four Corruption matters and its (M. Hatta) solution (BUMN, Pertamina, Bulog, illegal Logging). Corruption Eradication Act No.3 Year 1971 (No Transparency, Only Lower level Official offender, Military Domination) Coordination: Investigator and Prosecutors + Special Commission
1971
1999
Law on the Eradication of Criminal Acts of Corruption No.31/1999 Amendment (Law 20/2001)
2001
Broadens and clarifies definition of corruption and increases penalties Defines criminal Corruption
Comparison
1. Formulation of Causalitet doctrine
Act No. 3/1971
Art. 1 (1) sub a & b: Direct and indirect cause Which directly and indirectly creates Direct and Indirect cause: Von Buri theory: Conditio sine qua non. Father-kid-taxi driver? Police-heart attack-people
Art. 2 & 3: Direct Cause which creates losses to the state finance or state economy Direct Cause: adequaat causa. Von Kries Theory. Father-kid-taxi driver=?
Art. 2 & 3: Formal Offence In this provision, the word can before the phrase creating losses to state finance or state economy indicates that the corrupt act is a formal offence, namely the corrupt act s existence is adequately met with rules that have been formulated without consequence Easier to be proven
5. Punishment
Act No. 3/1971
Most articles: Capital punishment of -Life imprisonment or -maximum imprisonment -& or maximum fine of Rp.30 Million
Most articles: Capital Punishment of: Light imprisonment Life imprisonment Minimum & Maximum imprisonment & or max fine of Rp. 1 Billion See: Art. 2: 4 years + 200 M Art. 3: 1 year + 50 M Art. 5-12: AND/OR? Art. 12 A?
1. Art. 2(1) Act No. 43/1999 2. Art. 92 Penal Code 3. Art. 1(2) Act No. 31/1999
Act. No.43/1999 Civil Servants: 1. PNS (District & Central) 2. TNI 3. POLRI
Corporation as a Subject
Art. 1 (1) Corporation constitutes an organized collection of people and/or wealth. It can be in the form legal bodies and non legal bodies
7. Additional Punishment
Act No. 3/1971
No Additional Punishment. Why? Bill of Penal Code: No light imprisonment
Article 18 (1), (2) (3) : 1. In addition to the additional sentence as referred to in the Criminal Code, the additional sentences are: a. confiscation of mobile goods or immobile goods b. the compensation paid shall be to a maximum of twice the wealth obtained from the criminal act of corruption. c. whole or partial closing of the company for maximum period of 1 (one) year. d. revocation wholly or partially of rights or abolishment wholly .. which have been or can be given by the government to the accused.
7. Additional Punishment
Act No. 3/1971
No Additional Punishment. Why? Bill of Penal Code: No light imprisonment
Article 18 (1), (2) (3) : 2. In the event that the accused does not pay the compensation as referred to in paragraph (1) letter b in maximum period of 1 (one) month after the verdict of the court has obtained legal permanent power, the wealth can be confiscated by the prosecutor and auctioned to cover compensation.
7. Additional Punishment
Act No. 3/1971
No Additional Punishment. Why? Bill of Penal Code: No light imprisonment
Article 18 (1), (2) (3) : 3. In the event that the accused does not have adequate wealth to pay the compensation as referred to in paragraph (1) letter b, the accused is merely sentenced to a period that does not exceed the maximum sentence the main crime, in accordance with the provision in this law, with the period of the sentence having been determined in the court verdict.
8. Coordination of Investigation
Act No. 3/1971
No Coordination of investigation.
The Attorney General coordinates and controls the indictment, interrogation and prosecution of the corrupt act, which are conducted jointly with other persons, who abide by the Public Justice and Military Justice.
9. Public Participation
Act No. 3/1971
No Public Participation See: Endin Case=whistle blower?
Article 41 & 42: Article 41 1. The public can play a role and assist with the efforts to avoid and eradicate corrupt acts. 2. Public participation as referred to in paragraph (1) is realized in the following forms: a. the right to seek, obtain and provide information on the allegation that a corrupt act has taken place.
9. Public Participation
Act No. 3/1971
No Public Participation See: Endin Case=whistle blower?
Article 41 & 42: Article 41 2b. the right to obtain services in viewing, obtaining and providing information on the allegation that a corrupt act has taken place, to the law enforcers who handles the corruption case. 2c. the right to convey recommendations and opinions responsibly to law enforcers who handle the corruption case. 2d. the right to obtain replies to their questions to law enforcers within a maximum period of 30 (thirty) days.
9. Public Participation
Act No. 3/1971
No Public Participation See: Endin Case=whistle blower?
Article 41 & 42: 2d. the right to obtain replies to their questions to law enforcers within a maximum period of 30 (thirty) days. 2e. the right to obtain legal protection in the following matters: (1) exercising the rights as referred to in letters a, b and c. (2) asked to be present in the processes of indictment and interrogation in the court session as whistleblowers, witnesses, or expert witnesses in accordance with me existing legislations.
9. Public Participation
Act No. 3/1971
No Public Participation See: Endin Case=whistle blower?
9. Public Participation
Act No. 3/1971
No Public Participation See: Endin Case=whistle blower?