Minimum Criminal Sanction of Corruption Perpetrators: Legal Philosophy Approach

Abstract

The minimum criminal sanction provision is clearly recognized in the Act No. 20 of 2001 concerning amendment the Act No. 31 of 1999 on Eradication of   Corruption. This research uses the normative method. The results of the study indicates that the provisions of the minimum criminal sanction are clearly stated in the Act No. 20 of 2001. Therefore, the judge may impose a minimum sentence as part of the judge's responsibility in implementing the law. However, imposing minimum criminal sanction is clearly ineffective in overcoming corruption because it does not cause a deterrent effect and is not in line with the sense of justice that grows in society who wants the perpetrators of corruption be given a maximum criminal sanction.