Analisis Hukum Perlindungan Korban Dalam Perkara Tindak Pidana Korupsi di Kabupaten Aceh Timur

Abstract

Corruption in Indonesia is not as common crime, but crime has become extraordinary (extraordinary crime). Corruption began to undermine the basic foundations of civic life, ranging from persons, officials, members of the people's representatives to civil servants low-ranking group was already no longer ashamed of committing corruption. Type of research in this thesis is a normative legal research and legal nature of this research is empirical. This study aims to examine the legal regulation on the protection of victims of corruption. To examine the factors causing casualties occurred in corruption. To assess the application of the law by the judge to the protection of victims of corruption.Legal arrangements concerning the protection of victims of corruption regulated in Law Number 20 Year 2001 Changing Law of the Republic of Indonesia Number 31 Year 1999 on Eradication of Corruption. But in this Act are not set on the protection of victims.Factor in the cause of a victim of corruption, namely 1) Factors law enforcement authorities. Law enforcement in corruption cases had to be taken seriously, given the corruption in Indonesia is an extraordinary crime categories (extraordinary crime). Corruption in law enforcement often too forced. For example, the Police or the Attorney investigator conducting an investigation of corruption and force the case to be brought to trial, although the evidence is not strong. So that the defendant who is also a victim of being disenfranchised. 2) Law Enforcement Authorities factor. Pemberantsan enforcement corruption being conducted by law enforcement. But sometimes law enforcement authority is not understood by some law enforcement agencies, who in turn accused or defendant loses his right. For example in the case of Anas Urbaningrum is named as a suspect by the KPK. Though evidence Harier Used car only for Rp. 500.000.000, - (five hundred million rupiah). When viewed from the authority of the Commission stating that the cases handled by the KPK is above 1 billion in state losses. So the Commission should not handle cases Anas Urbaningrum.Application of the law to the protection of victims of corruption. Judge issued a decision imposing imprisonment for 4 (four) years and a fine of Rp. 200.000.000, - (two hundred million rupiah) and pay compensation amounting to Rp. 476 000 000, - (four hundred and seventy-six million dollars) is not appropriate. Considering the fact that existing law, the court there was no description of the loss to the state, as is usually explained through or BPK audit. Moreover,witnesses no one can show proof of delivery of the money to the defendant or other evidence that may support.