Journal of Law and Legal Reform
Vol 1 No 1 (2020): Problems and Challenges on Law Enforcement and Legal Reform in the Global Context

Mens Rea and State Loses on Corruption Cases: An Analysis of Corruption Court Judgment of Semarang

Kharismadohan, Alif (Unknown)



Article Info

Publish Date
01 Jan 2020

Abstract

Quality Judges' decisions are decisions that are based on legal considerations according to the facts revealed at the trial, according to the laws and beliefs of the judge without being influenced by various external and internal interventions. The results of this study indicate that the judge in giving the decision still considers the overall elements included in Law No. 31 of 1999 jo. Law No. 20 of 2001 concerning Eradication of Corruption and Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crime, including elements of the evil spiritual attitude (mens rea). In the case of even being caught, mens rea is still important to prove at the trial stage. Basically, this mens rea becomes an important element to determine the accountability of the perpetrator. However, in cases of corruption, it is often difficult to find mens rea, even though in the examination it indicates that there is a State loss that arises in an event of corruption. The conclusions of this study are the consideration of the judge in giving a decision, always considering the elements of the crime, then things that alleviate, things that are burdensome than the attitude of the defendant including mens rea or malicious intent.

Copyrights © 2020






Journal Info

Abbrev

jllr

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law and Legal Reform is a double blind peer-reviewed journal, published by Postgraduate Program (Master of Laws Program) Faculty of Law Universitas Negeri Semarang (ISSN Print 2715-0941, ISSN Online 2715-0968). The Journal exclusively published in English both printed and online version, ...