THE SYSTEM OF RESPONSIBILITY AND PUNISHMENT FOR THE PROVINCE/CITY/ REGENCY AND GOVERNOR/MAYOR/REGENT IN CORRUPTION CRIMINAL ACTION

Abstract

The subject of law in corruption criminal action is not only personal but also corporation. Corporation is not far from the system of criminal responsibility. This paper aims to find out the system of responsibility and punishment for the province/city/regency that made the decree and had inflicted the financial of country. The system of criminal responsibility for the corporation in several conducted rules consists of strict liability that burdened the criminal responsibility without see the fault and vicarious liability to others except the doer. Corporation, as the group of people or assets that organized well with law or not has responsibility and in corruption criminal action based on the chapter 20 Law Number 31 Year 1999 Juncto Law Number 20 Year 2001 on the Eradication of Corruption. This chapter is conducted by or represents the corporation. It has members to run the company can’t be freed from the punishment although the prison punishment can’t be done to the corporation. The system of responsibility of the governor/mayor/regent is related to the decree, in this case it is about the committee of means and infrastructure provision that has been conducted and inflicted the financial or economic of country. It can’t be separated from the responsibility of the province/city/regent as the corporation, must get punishment based on the chapter 20 on the Eradication of Corruption with the personal responsibility of the governor/mayor/regent and the committee that had been appointed. The punishment for the governor/mayor/regent is the punishing from the corruption doer because he is as the leader chosen by the society.