Muhammad Jodi Setiaw, Muhammad Jodi Setiaw (2025) PERBANDINGAN PIDANA NIHIL TINDAK PIDANA KORUPSI DI INDONESIA DENGAN AMERIKA SERIKAT DALAM PERSEPEKTIF PERLINDUNGAN KEPENTINGAN HARTA NEGARA. Skripsi(S1) thesis, FAKULTAS HUKUM UNIVERSITAS PASUNDAN.
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Abstract
A null verdict is a verdict of imposing a criminal sentence on a defendant who has previously received a criminal sentence from another case with a maximum limit, a comparison of the legal system in the United States has a difference in the application of the law where in the Model Penal Code (Criminal Law) does not provide limitations regarding criminal sanctions, The validity of the null sentence in providing a situation regarding legal certainty is a complex problem, the main reason being that there are no clear regulations in the Criminal Procedure Code regarding the null sentence. Law Number 1 of 2023 concerning the latest Criminal Code concerning non-criminal concomitance is regulated in Article 127 paragraph (1), so that regarding this problem, 3 identifications of problems were obtained, namely how is the application of corruption crimes against How is the application of corruption crimes against null sentences in Indonesia in the interests of the state? How is the application of null sentences in the United States in corruption crimes against protecting state interests? What is the contribution of the results of the comparison of laws in the application of Indonesian criminal law to the comparison of laws in Indonesia and America? The research method used in the study is the normative legal approach method, in the research specifications carried out in a descriptive analytical manner which is the provision of a description of the situation accompanied by data, then analyzed with qualitative legal The results of the study show that corruption is an act that is detrimental to the state. The application of a zero sentence is not clearly regulated in the special provisions of laws and regulations in Indonesia, but in the zero sentence rule it is contained in Article 127 Paragraph (1) of Law Number 1 of 2023 concerning the Criminal Code, where there is a maximum limit regulated for criminal sanctions in Indonesia. In the legal system for corruption in the United States, it is regulated in the Foreign Corrupt Practices Act which was established in 1997, there are the lowest and highest limits in the application of criminal sanctions, namely a minimum imprisonment of 5 years and a maximum of 20 years, in corruption cases the United States does not apply a zero sentence. Corruption enforcement in Indonesia is regulated in Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption and Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, in the enforcement and prevention of criminal acts of corruption assisted by government institutions, namely the Corruption Eradication Committee (KPK), the Prosecutor's Office, the Police, and the BPKP. Keywords: Corruption, Zero Criminal Act, State Interests
| Item Type: | Thesis (Skripsi(S1)) |
|---|---|
| Subjects: | S1-Skripsi |
| Divisions: | Fakultas Hukum > Ilmu Hukum 2025 |
| Depositing User: | Nandang Haeruman |
| Date Deposited: | 12 Feb 2026 04:51 |
| Last Modified: | 12 Feb 2026 04:51 |
| URI: | https://repository.unpas.ac.id/id/eprint/82313 |
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