Proceedings of the 5th Legal International Conference and Studies (LICS 2022)

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Legal Protection for Convicted Corruption Those Who Do not Enjoy the Results of Corruption Decision Analysis of Semarang State Court Number 72/Pid.Sus-Tpk/2019/Pn.Smg

Authors
Bernat1, *
1Doctoral Program in Law, Unissula, Semarang, Indonesia
*Corresponding author. Email: bernat.pjt@gmail.com
Corresponding Author
Bernat
Available Online 27 June 2023.
DOI
10.2991/978-2-38476-074-9_27How to use a DOI?
Keywords
Legal Protection; Convicts; Who Don't Enjoy the Results; Corruption
Abstract

Legal protection is the right of every citizen, therefore legal protection for convicts who are found guilty of committing a criminal act of corruption in the Semarang District Court Decision Number: 72/pid.sus-TPK/2019/Pn.Smg with a sentence of 4 (four) years and 6 years. (six) months in prison and a fine of Rp. 200,000,000 (two hundred million rupiah) while the convict does not enjoy the proceeds of corruption. This study aims to analyze and explain Decision Number: 72/Pid.Sus-TPK/2019/Pn.Smg is appropriate in the sentencing of convicts and how legal protection is for convicts who do not enjoy the results of corruption. This research is a normative research and uses a case approach, and the problems raised in this study are analyzed by legal protection theory, the theory of error in criminal law and the theory of Islamic criminal law. Based on the results of the study, it can be concluded that the sentencing of the convicts is not appropriate, because the error due to negligence (culpa) which is used as the basis for the decision has no relationship with the convict, there is no mentality and behavior/nature of the convict who is despicable in committing acts against the law both materially and formally., the convict did not enjoy the slightest result for the disgraceful act of another party who with the modus operandi of falsifying documents to take money from BRI so as to harm the state's finances. Thus, based on law, the state is obliged to protect and give an acquittal from all lawsuits against the convict.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 5th Legal International Conference and Studies (LICS 2022)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
27 June 2023
ISBN
10.2991/978-2-38476-074-9_27
ISSN
2352-5398
DOI
10.2991/978-2-38476-074-9_27How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Bernat
PY  - 2023
DA  - 2023/06/27
TI  - Legal Protection for Convicted Corruption Those Who Do not Enjoy the Results of Corruption Decision Analysis of Semarang State Court Number 72/Pid.Sus-Tpk/2019/Pn.Smg
BT  - Proceedings of the 5th Legal International Conference and Studies (LICS 2022)
PB  - Atlantis Press
SP  - 236
EP  - 242
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-074-9_27
DO  - 10.2991/978-2-38476-074-9_27
ID  - 2023
ER  -