SUAP DI SEKTOR PRIVAT DALAM HUKUM PIDANA INDONESIA DAN MALAYSIA

Muslikhah, NIM.: 19103040001 (2023) SUAP DI SEKTOR PRIVAT DALAM HUKUM PIDANA INDONESIA DAN MALAYSIA. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The crime of bribery is one of the most common types of corruption in Indonesia, even its development occurs in a complex manner to the private sector or private sector (private sector). Based on KPK data in 2021, in general, corruption perpetrators from the private sector reached 28 people out of the total number of corruption perpetrators, namely 127 people. Bribery in the private sector causes unfair competition in the economic field to disrupt market activity which indirectly causes losses to society and the state. However, the UNCAC 2003 (United Nation Convention Again Corruption 2003) recommendations regarding the criminalization of bribery in the private sector have not been ratified by Indonesia. In addition, Law No. 20 of 2001 on the Amendment to Law No. 31 of 1999 on the Crime of Corruption has not yet regulated it. Therefore, to realize the ideals of an Indonesia free from corruption, namely by studying how Malaysian criminal law reviews bribery in the private sector, because Malayisa has implemented the criminalization of bribery in the private sector as recommended by UNCAC 2003 (United Nation Convention Again Corruption 2003). This thesis is a doctrinal or normative legal research (normative legal research) which type of research is library research or library research.The nature of this research is descriptive-analytic. The approaches used in this research are conceptual approach, legislative approach, and comparative approach. This research is prepared based on secondary data then data collection is done by literature study techniques which are then analyzed using the inductive method. The theories used in this research are political theory of criminal law, comparative law theory, and crime prevention theory. The results of this study indicate that in Indonesia the crime of bribery in the private sector has been regulated in Law No. 11 of 1980 concerning the crime of bribery, while in Malaysia, bribery in the private sector has been regulated in detail in the 2018 Malaysian Rasuah Prevention Suruhanjaya Act (Pindaan). The provisions of the criminal offense of bribery in the private sector currently applicable in Indonesia are not sufficiently detailed both formal and material rules. Therefore, the provisions regarding bribery in the private sector need to be further regulated in Indonesian criminal law as mandated by the UNCAC 2003 which recommends countries that join the convention to make rules related to bribery in the private sector in their respective national laws.

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