Law Enforcement and Justice Issues in Gratification Criminal Cases

Eddy Rifai

Faculty of Law University of Lampung

Abstract:

This case study is based on a law suit of a gratification case in Tanggamus Regency, Lampung Province, where law enforcement left out 13 perpetrators who had received the gratification and convicted only the main offender. Several questions were raised subsequent to this verdict, especially about the role of law enforcement in cases of corruption, especially gratification. This study aimed to examine and analyze these questions in the light of criminal law enforcement model. This study used a normative and empirical juridical approach with primary and secondary legal materials obtained from literature searches and field studies. Based on the research results, a fair criminal law enforcement model in the case of bribery/gratification in Tanggamus Regency was enacted to determine whether the 13 Regional House of Representatives of Tanggamus Regency who were the recipients of gratuities should also be tried under the law. Article 12C of the Corruption Eradication Law was the basis for KPK investigators not to carry out legal proceedings against 13 DPRD members who had received gratuities from the Regent. According to progressive legal analysis, the decision was taken in favor of the members and that the court had not violated the 1945 Constitution nor its Article 12C. The study recommends that Article 12C of the Corruption Eradication Law should be reviewed, even if it needs to be removed from the Corruption Eradication Act.

Keyword:

Gratification, Law Enforcement, Justice