MEMAHAMI PEMENUHAN UNSUR PERBUATAN KORUPSI YANG MERUGIKAN KEUANGAN NEGARA DALAM TINDAK PIDANA KORUPSI Indonesia

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Berlian Marpaung

Abstract

ABSTRACT
Decision of the Constitutional Court Number: 003/PUU-IV/2006 was read out on July 25
2006, which mentions the Explanation of Article 2 paragraph (1) which states: "What is
meant by unlawfully in this article includes acts against the law in the formal sense as
well as in the sense materially, that is, even though the said act is not regulated in laws
and regulations And Big Indonesian Dictionary. The results of the study show that all
elements of the crime referred to must be fulfilled, namely the elements of each person,
perfect in soul, not because of coercion, have the intent as required for a crime, element
unlawfully, that can be proven norms that are violated as the basis for unlawful acts,
elements of enriching oneself or another person or a corporation, namely increasing
wealth which must be proven with a definite amount of value In addition, the public
prosecutor requires that he must prove the element of "detailed unlawful act" as a
guarantee that no person entitled to or authorized to commit acts as defined in the law
will not be convicted.

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