Criminal Law Policy as the Efforts of Preventing Criminal Bribe within Regional Head Election

Totok Sugiarto, Prof DR Arief Amrullah SH.MH, DR. Fany Tanuwijaya SH.MH
Abstract: Money politics has became disclosed secret within current political context, often citizens deemed it as social an aid, charity, give, and others yet. The Shifting term of money politics indirectly has resulted in social protection perspective based on cultural norms that the money politics is like common social act in common, there is no fault on it. When people tough it as a normal act, unconsciously it will goad the enactment of formal legal law has difficulty. Therefore it is needed a clear interpretation to understand any meaning tucked behind the political behavior, so as to facilitate the di clear differences between Bribery act and giving in the real sense as aids Efforts. Nowadays, to the criminal law policy both of preventing and combating the practice of bribery are still on a reactive level. Whereas, in the sense of cracking down after it has occurred In the context of criminal law politics, that crime prevention efforts include bribery can be reached by two approaches, namely penal code (Criminal Law) and non-penal code (Mediation). By means of penal which has always been prepared for it, it is more repressive, has limitations. in addition, it is only a symptomatic treatment. Meanwhile, if through a non-penal approach, then nature is more preventive, in the sense of preventing it before it occurs, looking for the cause and even a more strategic approach.
Keywords: Criminal Law Policy, Criminal Bribe, General Election. Penal Code, Non-Penal Code, Research Paper, Law, Indonesia
PDF Link: