Criminalization of Corruption Actors as Prevention Efforts Corruption

Abstract

Criminal in Absolute Theory is not just to take vengeance to the person who has committed a crime, but have certain goals that are beneficial. This theory is often called the theory of objective (utilitarian theory). That penalty was as revenge for the criminal offense committed by a person. At first sentence at the time of the birth of this theory is contrary to humanely and in practice have the intent to frighten or deter others. Execution such as the death penalty carried out in public in order to be known by the public. On the Theory of Relative or relative, the penalty imposed to a person is based on guaranteeing the rule of law and order in society. The purpose of punishment is: repressive goal is to recover the losses suffered by the community as a result of the crime. Preventive purpose is to prevent the crime in order not to happen again. While preventive purposes can be divided into 2 parts: generale preventie, namely the threat of punishment aimed at the general public so that they do evil; speciale preventie, namely that the threat of punishment is addressed to the inmate in order not to repeat such actions.

The number of lighter punishment verdict in the appeal of the prosecutor's demands as has been undisputed. This tendency does not only occur in ordinary criminal cases in the general court, but also in the special courts such as the corruption court that in several decisions the punishment also tend to be lighter than the demands of the public prosecutor. Various ways have been done to restore the image of Indonesia in the eyes of the law, but these efforts have not been able to boost the image of the law. Factors considered by the judges as a guide in determining the severity of the crime is the mention of the duration of the criminal in the demands that psychologically affect and direct the criminal past will be decided the judge, the judge is less digging and consider the aggravating and things lighten the acts committed and the life of the accused, the judge wants the case to get it over and not be appealed and the judge's perception and thinking to achieve balance through the verdict.