The Enforcement of the 2009 Law Number 46 on Corruption Court : The Role of Special Corruption Court

The Corruption Court is an independent special court under the General Court. The objectives of creating the Corruption Court is, inter alia, to adjudicate the corruption cases, to eliminate the interference of other party involves in corruption cases, to keep the Court runs in the right path. Herein, in the concept of rule of law, justice principle, under the ideology of Five Principles of Pancasila may only work well if it accompanied with other principles of social, economic, political, ideological, ethnic, racial, religious, color, and even gender background. Hence, the Judges have dual function both as sanction giver but also to deter other people not commit the same crime. In this connection, the preventive measures, such as counseling and providing legal information, as well as socialization of Corruption Law are perceived to be urgent as a new method for Indonesian in combating the corruption. This study is a normative one but employing empiricaljuridical approaches. The normative research was conducted to analyze the theoretical matters of legal principles, while the empirical approach employed in the form of observing the behavior of the suspect of corruption. The findings of the study shows that the Art. 53 of the 2002 Law Number 30 it was in contradiction to The 1945 Constitution for the corruption cases cannot be tried in two different courts. That is the idea of the establishment of the Corruption Court as a special court besides the so-many corruptions committed in Indonesia where the verdict of the District Court is beyond the people‟s justice.


INTRODUCTION
Corruption as an extraordinary crime affects the sustainable development in Indonesia.The culprits have no guilty feeling, shameless, fearless or even feeling of being sinful from those of corruptor.Since the corruption is an extraordinary crime it requires more serious legal handling. 1orruption slowly emerges as a disease that could bring destruction to the State's economy.Whether or not, corruption practices takeen places in Indonesia cause a lot of damages.They occur not only in economical area, but also in those of politic, [194]   socio-culture, and security 2 and defense areas.Corruption is one of the significant problems in Indonesia and even becomes a chronic practice from private to the state agencies. 3he word "corruption" originates from the Latin word namely "corruptus," or "corrumpere" which means to bribe or to destroy.The terms above are also found in other languages.In the French terms is almost similar with the term corruption in English term but it has different in pronunciations.In the Dutch term is "corruptive.Furthermore, in the Bahasa, it called "korupsi."However, all the terms mentioned above refer to "rottenness," "ugliness," "depravity," "dishonesty," "bribe," "immorality," deviation from sanctity 4 .
The establishment of the Corruption Eradication Commission (CEC/KPK) 5 and Corruption Court (CC) 6 are to indicate that corruption is not only seen as an ordinary crime but rather extraordinary crime.This statement is mentioned in the Elucidation of the Law Number 30 of 2002 on the CEC. 7he CEC and the CC are just like the panacea to heal mental illness.Thus, the duty and the mandate of the CC are to examine and decide on criminal acts of corruption whose prosecution is filed by the CEC.8 2 Deni Styawati, KPK Pemburu Koruptor, Cet I,  Yogyakarta: Pustaka Timur, 2008, p1.If one looks back to the existence of special courts in Indonesia, the creation of CC is not something new, for there have been established already the special courts prior the Reformation Era in Indonesia in 1998.Those Special Courts are the Economic Court, 9 the Juvenile Court. 10 Article 6 of the CEC provides the mandate for the CC which declares that under this Act, the CC was established and authorized, examine and also decide the criminal acts of corruption whose prosecution is logged in the CEC.However, in the process of CEC, it does not really run smooth as it is expected.illegal, commits self-enrichment, benefits himself or another person or a corporation, misuses his authority or opportunity or facilities because of his position or position that can harm the state's finances or the country's economy." In this law, Corruption Crimes are expressly formulated as formal crimes.This is very important in the proof.With this formulation, although the property obtained from corruption has been returned to the state, the perpetrators of corruption will still be brought to justice and remain convicted.
According to Thomas Aquinos, the law that intersects iustum (justice) is absolutely a product of reason.Aquinos differentiates three categories of justice, namely distributive justice, commutative justice, and legal justice.Iustitia distributiva (distributive justice) refers to the principle to the same is given the same, to the unequal given is not the same.This is called geometric equilibrium.(ii).Iustitia commutativa (commutative or exchangeal justice) refers to justice on the basis of arithmetic principles 14 , ie adjustments to be made in case of unlawful deeds.(iii).Iustitia legalis (legal justice), which refers to obedience to the law.
The corruption offense is expressly described in Chapter II on Corruption and Chapter III on other criminal offenses related to criminal acts.Chapter II consists of Articles 2 to 24.Formal illustrations have some loopholes, if there are some acts of corruption not covered in the formulation above, the perpetrator (suspect) cannot be brought before the judge.Art. 1 the Indone-14 Bernard L. in the object of certain cases and concerning certain legal subjects still required reforms both structurally and functionally.One of the reforms is the establishment of a Special Court for Corruption Crimes.
3. The Reform in the field of judiciary, especially about corruption is driven by a growing number of corruption cases in Indonesia.It covers enhancement and involvement of all elements of state organizers (executive, legislative and judicial) 16 on the one hand, and on the other hand, the level of public confidence in the career judges is declining.This condition requires special handling through the assistance of ad hoc (noncareer) personnel besides the career judges.
Observing Loebby Loqman's idea, that law enforcement practices in the case of eradication of corruption have an effect on the workings of Integrated Criminal Justice System as regulated by the Code of Criminal Procedure (KUHAP), so that if the system is integrated it will end the possibility of weakening in law enforcement. 17ccording to the data, the Final Reports of the 2010 and 2011 data in the Supreme Court 18 indicated that In 2010, 16 The states organs namely legislative, executive and judiciary bodies.According to the data, modus operandi of the crime takes places in many forms.In other words, raison de'tre of crime depends on the social values, cultural aspects and the structure of the community. 19Although in every corruption case has a unique background or causes, essentially all of them has simmilar elements as stipulated in the legal definition addressed in the corruption law.Hence, the authorities will analyse the raison de'tre of crime and suit it with the existing law in Indonesia. 20As Bagir Manan argue that law is the highest source Available from: www.antikorupsi.org(retrieved: July 10, 2017). 19Sahetapi, Globalisasi dan Kejahatan, Seminar Criminology Ke VI, Semarang, 9-2 December 1994, p3. 20The purpose of punishment are preventing the perpetration of crime by enforcing the rule of law for the sake of the community, socializing convicted by conducting coaching so as to be good and useful, resolving conflicts, and restoring balance and peace in society, and relieving guilt on the convict.Eddy Rifai, 2017, "An Analysis of the Death Penalty in Indonesia Criminal Law," Sriwijaya Law Review, 1 (2), p190-199.
[ 198]   in regulating and determining the legal relationship between the State and society as well as between members or community groups. 21he The sharp spotlight from the public began to emerge when some Corruption Courts in the district decided to release some defendants of the corruption.Since then, the public question the usefulness of the Corruption Court establishment in the regions where it is very obvious that there is something wrong in the judicial process 22 .Some experts argued to evaluate the existence of a Corruption Court related to some of the accused freed decisions and allegations of bribery by some judges in the region. 23e Efforts to Prevent Corruption in Indonesia As mentioned early on, the corruption is a very extraordinary crime where the perpetrators are hard to trace, since the existence of the corruption is frequently occur in the government instances or in the Government State Own Company (BUMN) which is difficult to investigate.Corruption also is named as an invisible crime where the evidence is very difficult to obtain, and the mode operandi is systematic and congregational. 24atjipto Rahardjo said that the prevention and the combating of corruption must be conducted in a different way and 22 In the annual report of the Supreme Court of the Republic of Indonesia mentioned that one of the corruption court establishment problems is the budget availability.beyond the prevalence of other crime countermeasures. 25sset recovery is one of effort the Government can do through law where the assets obtained from this corruption cannot be enjoyed or hidden by him or her.
Haynes said that a new paradigm in handling crime can be done by eliminating the motivations of criminals to commit crimes, by preventing them from enjoying the results of the crimes they commit.Corruption is the blood of the crime.It just like the blood that supports the crime and this is the weakest point to detect crime chain. 26he efforts to cut this crime chain are relatively easy to do, and it will also eliminate the offender's motivation to commit a crime.
The legaization of the 2010 Law Number 8 on Money Laundering is a new method to prevent and combat crime through the "following the money" principle.The money laundry law can penetrate bank secrecy.Herein the "follow the money" principle is as an instrument in preventing and combating corruption.Although the Law on Money Laundering is regarded as a special preventive law on money laundering, nevertheless, this law prevents and combats other crimes as regulated in Art. 2 of the Law on Money Laundering.The object of the crime of money laundering is derived from the original criminal acts such as the proceeds of the property.
Combating corruption through the implementation of money laundering law must be done seriously by prioritizing the principles of criminal law as an integrated policy.It means that not only something which is fragmentary, partial and repressive but also it must be pursued in the direction of negating or overcoming and improving the overall causation and conditions that become criminogenic factors for the occurrence of corruption.So an integral strategy is needed. 27f the money laundering formula is examined, there are two types of the criminal act, i.e., crimes that generate illicit money such as corruption and money laundering.Both types of criminal offenses raise questions within the evidentiary system, whether the act of corruption should be proven first, so that money from laundered corruption could be classified as a money laundering.
The qualification of money laundering crimes is defined as the placement of assets known or reasonably suspected to be the proceeds of a criminal offense to the financial services provider, either on his behalf or on behalf of others.Under this provision, the act of corruption is not necessary to be proved in advance, directly by the knowledge or the allegation that the illicit money is derived from an act of corruption if sufficient initial evidence exists. 28any people believe that corruption in Indonesia has been entrenched, and lasted for generations.One of them is the founding father of our nation, Bung Hatta.The phenomenon of corruption becomes a behavior, not only in the bureaucracy but also in the business, the private sectors, even in all members of society.If this is left alone, it will be difficult to eradicate it, because almost all members of society are involved in it, either as a giver, receiver or requester of bribery 29 .The accumulation of wealth to a group of ruling elites has occurred since a long time ago.Examples of this custom were tax payments to rulers such as kings and royal knights, or commonly known as the noble class.The kings and nobles had to live on an individual level more than ordinary people.They might impose a tax on his behalf, and it was permissible at that time 30 .
Sociologically corruption is related to the sociological power.Corruption is a deviation from power.Power allows a person or a group to pursue a goal, and limited other people or groups to have choices or determine their attitudes.This power could be run without authority which is undoubtedly against the law.This corruption belongs to the category of power without the rule of law because there is always a presumption of the use of power to achieve a goal other than the purpose stated in that power.But not all the power without the rule of law is corruption because such power can be derived from patriotism.Power without the rule of law is an injustice; sometimes it is a result of corruption 31 .The alignment is the direction and design of legal and judicial reform under the Supreme Court.If there is no any alignment, then the Corruption Court will run outside of the existing system, and its effectiveness will be in doubt; The results of a comprehensive review of the level of needs above involve various parties including the Supreme Court and the Community.
To combat corruption in the judiciary, one of its efforts is to establish a Corruption Court.The judicial process of the Corruption Court is similar to the judicial process in the Criminal Court.However, there are different elements in the Corruption Court.The public prosecutor in the Corruption Court is the Corruption Eradication Commission (CEC).The CEC has the duty and authority to conduct an investigation and prosecution of corruption in the Corruption Court (Tipikor).

DISCUSSION The Authority of the Special Corruption Court on the Prevention of Corruption
Sriwijaya Law Review  Vol. 2 Issue 2, July (2018) Penal Code mentioned "not as a punishable act, no rules governing it.This is actually difficult for investigations and prosecutions but instead makes it easier for judges to prove.Article 27 Para. 1 of the Law Number 48 of 2009 on Judicial Power explains another example of special courts where Special Courts as formulated in this provision are Juvenile Courts, Commercial Courts, Human Rights Court, Corruption Court, Industrial Relations Courts and Fishery Courts are located under the General judiciary, as well as Tax Court which is under the Administrative Court.Based on the explanation above, it is obviously clear that the 2004 Law Number 4 on Judicial Power does not provide any definition or meaning of a special court, but only examples of the special courts.Some of the special courts mentioned above actually had been established prior the enactment of the 2009 Law Number 27 of 2009.
Tanya, Yoan N. Simanjuntak, Mark Y. Hage, The Theory of Legal Strategy for the Order of Men Passing Space and Generation, Yogyakarta: Genta Publishing, 2010, pp59-60.[196] sian Sriwijaya Law Review  Vol. 2 Issue 2, July (2018) CONCLUSION The Corruption Court is established under Law Number 30 of 2002 on the Corruption Eradication Commission.Art.53 is the legal foundation to indicate that Corruption Court is a Special Court in the General Court in handling corruption cases.The purpose of the establishment of the Corruption Court is: To realize law and justice for justice seekers by the provisions of the amendment of the 1945 constitution of the Republic of Indonesia.The provision is the main basis for establishing the court in Indonesia; The establishment of the Corruption Court should be based on the basic principle of independent judicial authority as stipulated in Law Number 48 of 2009; As part of the legal system, the establishment of the Corruption Court is to meet the need for legal certainty to support other legal systems;