Analysis of Decision of Constitutional Court Number 003/PUU-IV/2006 Regarding the Explanation of Elements of Unlawful Article 2 of the Act

Abstract

However, in 2006 a Constitutional Court Decision Number 003/PUU-IV/2006 was issued which stated that the elucidation of Article 2 of the Corruption Law had no binding legal force. In other words, the element against the law in Article 2 can only be interpreted as an element against the formal law. According to the author, the existence of the quo decision is a setback in eradicating corruption in Indonesia. This is because with the existence of a quo decision, the elements against the law in Article 2 of the Corruption Law cannot reach the existing modus operandi in corruption crimes because the elements against the law in Article 2 of the Corruption Law cannot be interpreted as elements against material law. Based on this description, the researcher Based on this description the researcher is interested in analyzing the Constitutional Court Decision Number 003/PUU-IV/2006 regarding the explanation of the elements against the law of Article 2 of the Corruption Law.