Knowledge Management: Guidelines for Criminalization based on Analysis of Disparities in the Results of Corruption Criminal Decisions

Miswanto, Hary Budiarto

2019

Abstract

The disparity in punishment results of the corruption criminal decision has become a hot topic among academics, observers and law practitioners in Indonesia. Many people think that the disparities in punishment results of corruption criminal will be contradiction to the efforts of eradicate corruption which is currently being carried out by the Government. In particular, the disparity in the conviction of the results of this decision is often discussed in a more specific context and is considered reasonable because the difference in decisions between one, two or more cases that have the same characteristics is the domain of Judge discretion. The concept of criminal disparity nowadays doesn’t have a main guideline that can be used as a joint guideline in determining whether disparity in criminality is in accordance with or not with the Circular of the Attorney General Number 3 of 2010 concerning Guidelines for Criminal Lawsuits in Corruption. In practice, there are still many disparities that occur in the results of corruption convictions throughout Indonesia in the range of 2011-2015. To make it easier for Judges to determine a decision by considering the Attorney General Number 3 of 2010 approach and also the results of a conviction for corruption which has been legal force within the range of 2011-2015 requires a kind of Knowledge Management Application on the Disparity Study of Corruption Criminal Decision Results. Besides making it easier to classify according to the level of State Losses and State Losses Return, this Knowledge Management in the future can be used as a Supporting Guide for Judges and Prosecutors to be able to see the results of decisions in previous years.

Paper Citation

in Harvard Style

Budiarto H. and Miswanto. (2019). Knowledge Management: Guidelines for Criminalization based on Analysis of Disparities in the Results of Corruption Criminal Decisions.In Proceedings of the International Conferences on Information System and Technology - Volume 1: CONRIST, ISBN 978-989-758-453-4, pages 278-285. DOI: 10.5220/0009909102780285

in Bibtex Style

@conference{conrist19,
author={Hary Budiarto and Miswanto},
title={Knowledge Management: Guidelines for Criminalization based on Analysis of Disparities in the Results of Corruption Criminal Decisions},
booktitle={Proceedings of the International Conferences on Information System and Technology - Volume 1: CONRIST,},
year={2019},
pages={278-285},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0009909102780285},
isbn={978-989-758-453-4},
}

in EndNote Style

TY - CONF

JO - Proceedings of the International Conferences on Information System and Technology - Volume 1: CONRIST,
TI - Knowledge Management: Guidelines for Criminalization based on Analysis of Disparities in the Results of Corruption Criminal Decisions
SN - 978-989-758-453-4
AU - Budiarto H.
AU - Miswanto.
PY - 2019
SP - 278
EP - 285
DO - 10.5220/0009909102780285