Comparison of Sexual Gratification in Corruption Crimes in Perspective of Legislation in Indonesia and Singapore

Perbandingan Gratifikasi Seksual Dalam Tindak Pidana Korupsi Dalam Perspektif Peraturan Perundang-Undangan di Indonesia dan Singapura

Authors

  • Muhammad Ikhwan Program Studi Hukum, Fakultas Hukum dan Ekonomi Bisnis, Universitas Dharmas Indonesia

Abstract

Sexual gratification is a new mode of corruption in Indonesia, whether sexual gratification received by civil servants or state officials can be categorized as gratification and become a criminal act of corruption. Therefore, the problem raised in this study is how are the arrangements, similarities and differences in sexual gratification in Indonesia and Singapore. This type of research is juridical normative using a statutory approach, case approach, comparative approach, and conceptual approach. Based on the research results, it can be concluded that the word "other facilities" can be interpreted broadly, so that sexual services can be categorized as gratification, which is a form of corruption. However, it must also comply with the elements of Article 12 B of Law Number 20 of 2001 concerning the Eradication of Corruption Crimes. Meanwhile in Singapore, which also does not explicitly state that the provision of sexual services is a crime of gratification, but in practice, the judge has the courage to sentence the perpetrator of sexual gratification by expanding the meaning of gratification contained in the Prevention of Corruption Act (Chapter 241). Law enforcers can use the interpretive method in handling cases of sexual gratification that occur, namely the extensive, historical, and comparative interpretation methods

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Published

2022-06-30