e of the Court.
Section 11
(1) The defendant is required to give an answer and a statement requested by the Judge, in relation to the case that is being examined.
.,, (2) The judge may require the defendant to lift the oath of giving the actual and none other than the real one.
Section 12
.,, (1) By not reducing the provisions in section 278 "the renewed Reglemen of Indonesia" then each obligatory person gives a statement to the Judge according to his knowledge as a witness or expert.
(2) The obligation to give such information applies also to those who are usually his knowledge of it to be kept secret because of the office or the position, such as the notary, accountants, the lawyer who defends against the case. concerned, except for the religious officers and doctors.
.,, (3) The bank only gives information about the financial state of the defendant requested by the Judge, if the request is done according to the ways specified in the regulations on the Bank ' s secrets.
.,, (4) Those individuals in section 274 sub 1 and 3 "refurbisted Indonesian Reglemen" are exempt from the request of the duty of being a witness, and be heard with closed doors if desired by them.
BAB IV
ABOUT PROSECUING THE MEMBERS OF THE ARMY OF WAR.
Section 13
Depreciation, prosecution and examination in the face of the Court of criminal corruption, committed by the persons under the jurisdiction of the Army, conducted by officers according to the rules specified in the rules of the event. Army criminal justice.
Section 14
The provisions of this rule concerning the depreciation, prosecution and examination of the Court are applicable to the necessary changes to the depreciation, prosecution and examination of the criminal acts of corruption committed by the person who is committed to the prosecution of the person who is in the court of justice. intended in section 13.
Section 15
The corruption committed by a person who should be tried by the Court of the Army together with a person who must be tried by the ordinary Court of justice was tried separately by each of his Courtmen.
BAB V
ABOUT THE CRIMINAL RULES.
Section 16
.,, (1) Whoever commits a criminal offence referred to in section 1 sub a and b is punished with a prison sentence for up to twelve years and/or a fine of one-million rupiah.
(2) All the objects obtained from corruption are usurpsed.
.,, (3) Siterlaw may also be required to pay the same amount of replacement money equal to the items obtained from corruption.
Section 17
Whoever gives a gift or promise to a person who receives a salary or wages from a State or Area finances or who receives a salary or wages from a body receiving assistance from a State or Regional Finance or other legal entity. use the capital and the leniency of the State or the community, by remembering something of power or something of the authority attached to the post or its position or which by the gift of a gift or a promise is considered attached to the post or That position shall be punished with a prison sentence for ever twelve years and/or fine. as high as one million rupiah.
Section 18
And he that is in the matter of the five, and the fifth, and the twelve, and the number of the twelve, and the seven hundred and five hundred and five hundred and five hundred and five hundred and five hundred and five hundred thousand. rupiah.
Section 19
Whoever does not fulfill the Attorney's request in chapter 5 of the paragraph (1) or the obligation in chapter 5 (2) is punished with a prison sentence for up to five years or a fine of five hundred thousand. rupiah.
Section 20
The defendant intentionally does not give the answer and the description in article 11 of the verse (1) is punished with a prison sentence of up to five years or a fine of five hundred rupiah,
Section 21
Whoever knowingly does not fulfill such obligations in section 12 of the paragraph (1) is punishable by a prison sentence for up to five years or a fine of five hundred thousand rupiah.
Section 22
The deeds that were threatened with such punishment in section 16 to section 21 are evil.
BAB VI
TRANSITIONAL RULES.
Section 23
The release of these objects and checks in advance of the High Court which is on the effective rule of this rule has begun, completed according to the event in the rules of the Central War Ruler No. Prt/Peperpu/013/1958 and rule of the Warlords of the Central War Chief of Staff of the Navy No. Prt/Z.I/I/7 dated April 17, 1958.
BAB VII
CLOSING RULES.
Section 24
.,, (1) The threat of imprisonment and fine in sections 209, 210, 415 to 420, 423, 425 and 435, the Code of Criminal Law is amended to be, the sentence of imprisonment for up to twelve years and/or a fine of one million rupiah ".
.,, (2) In the section of the Code of Criminal Law in paragraph (1) with "ambtenaar", equated to a person who receives a salary or wages of a State or Regional finance, or who receives a salary or wages of a receiving body. help from State or Regional Finance or other legal entities that use capital and leeway from the State or Community.
Section 25
The Government Substitutes Act is called "Corruption Eradication Regulation" and comes into effect on the day of the promulment.
In order for everyone to be able to find out, order the Government Regulation inviters of this Act with the placement in the State Sheet of the Republic of Indonesia.
.,, Set in Jakarta
on June 9, 1960
Indonesian President of the Republic of Indonesia
DJUANDA.
Promulgated in Jakarta
on June 9, 1960
Minister of Justice,
SAHARDJO.
ADDITIONAL
STATE SHEET RI
| No. 2011 | (Explanation Of State Sheet 1960 Number 72) |
EXPLANATION
Above
RULE REPLACEMENT GOVERNMENT REGUrelease of the copies to the occupants of the concerned house.
, in the news of the show, it must be contained as well as the timing and meaning of the income.
.,, (4) The prosecution is requested accompanied by people who will be appointed by him; in that case the inclusion is called in the news of the event.
Section 9
The prosecution of corruption cases is based on a letter of accusation made by the Prosecutor.
BAB III
ABOUT THE EXAMINATION IN ADVANCE OF THE COURT.
Section 10
.,, (1) Perkara of criminal acts of corruption is examined and tried by the State Court according to the Act and the law of the event that applies only in this regulation is not specified in another.
(2) The corruption cases are required to be checked in the fac fine (check section 5 yo. articles 18 and 19).
., 2. Any person, except for the religious and doctor-doctor, who can reject it, should be required to display the papers requested by the Prosecutor.
.,, the bank obligations in this case are used also to those terms in this advance (section 6).
., 3. Every time a prosecutor can enter any place he considers necessary to the task of his expulsion (article 8).
.,, those letters that go through the Post Office, Telegrap and Telephone, how much to do with the criminal corruption case in question, can be made available/expropriated by the Prosecutor (article 7).
., apart from those on top of the regular criminal event applies to the corruption case [article 2 of the paragraph (1)]. The depreciation and prosecution of corruption must be the first priority (section 2).
., also to the Judge given some deviating authority from the usual event, namely:
.,-the duty of the defendant and every one, except his nearest family (chapters 274 verses (1) and (3) H.I.R.). And the doctors, and the doctors, to give testimony to the judge, who asked him:
.,-do not fulfill these obligations being threatened with prison sentences or fines (articles 11, 12 and sections 18, 20 and 21).
.,, the Bank ' s Oblivion in this case is only bound to the terms of the permission of the First Minister, not as if the Prosecutor requires that description (check above). Corruption is required to be examined [chapters 10 verses (2)]. About the trial of criminal corruption, committed by members of the Army of War.
., in these rules the guidelines remain guidelines, that criminal corruption charges committed by persons subject to the judicial power of the army, ushered, prosecuted and vetted by judicial tools for them and according to the laws of the event. applies to such instances by not reducing the effective provisions of criminal events as described above (chapters 13 and 14).
.,, specifically for the quick interest of the settlement of the matter, then as set in Peperpu rules above, also in these rules the principle of the conneksitet is not implemented.
.,, as a matter of criminal corruption, committed by some of the accused together, which is partly subject under the judicial judiciary and other sections under ordinary justice, are vetted by the Judges according to the usual rules. The authorities are controlling him (chapter 15).
SECTION BY SECTION.
Section 1
.,, the criminal Tindak in sub a and b is the same as what is listed in section 2 of the sub and b of the Peperpu ordinance. The addition of crimes by the sub c of this section as a corruption of corruption has been alluded to in the general explanation above. According to this section then criminal corruption is composed of the elements:
Sub a:
1. do something evil or foul.
.,, 2. enrich yourself or others, or a body with or for committing that crime.
., 3. that directly or indirectly harm the financial or economy of the country, or the area or disadvantage of a body that receives assistance from the finances of the State or other regions or legal entities that use capital and the The leniency of the State or Society as a result of elements 1 and 2.
Sub b:
1. commit a crime or a violation.
., 2. Use the title or position in committing the crime or the customer.
., 3. enrich yourself or someone else or a body or for doing elements 1 and 2.
The threat of punishment against the act according to section 16 is twelve years of imprisonment and/or fine as high as one million rupiah.
., 1. With this section 1 and 16, judges may not be able to impose severe prison sentences, so that he may also drop a very heavy penalty and may also combine both penalties.
., 2. By listing the elements "harming the economy of the State" The government intends that the detriing of the State in the economic field can also be punished as much as by harming the finances of the State.
3. "Misuse of office or position".
., as known as article 52 of the Criminal Law Act has a somewhat limited formulation.
In section 52 it is determined, that the penable punishment is against:
a. Civil servants, which
., b. For committing a criminal offence, violating the duty of a privileged office or time committing a criminal to the power of opportunity, or the ichtiar he obtained in his post.
This law punishments the laws of the law, not only the servants of the land, but of the people who receive pay or wages from the finances of the State or of the county, and who receive a salary or wages. a body that receives assistance from the State Treasury (e.g. a member of the administrator of a foundation receiving the State's financial assistance).
The lb section is broad in its formula, because it uses the general term "abusing" and does not hold the same details as in section 52 of the Code of Criminal Law with the words " by committing a criminal offence.
Which he obtained in his post ".
., 4. Both section 1a and section 1b lists as "enriching themselves" elements. This element is very important. To these kind of people, these are the actions. Because of these kind of people this Government Regulation is issued.
., is not the intention of the Government to weigh the threat of punishment of a crime or offence committed in a state of danger by the concerned, or in circumstances, where enriching itself by harming the finances of the State is not a public disease as it is today.
. .5. "directly or indirectly harming the finances of the State", by listing the word "indirect" in section 1a Government intends to punish also a self-enriching person is harming the finances of the State not directly attributable to by that criminal maker.
., for example: by the way of bribing an employee, a particulate can be a license from an instance, and sell it to a third person at a good price. And he hath enriched himself with his license, and if he be able to use it, according to the law of the law, he shall be punished for a bribe, but not because of the law of the law. In violation of this section, the cause of the State, in the presence of a license in the hands of a bribe, has not suffered a loss.
Only after the license is treated by the hand of the tentacle with the rules, or by the third buyer, so that the State's finances suffer the loss, so that the bribe can be blamed according to the article. This 1a, because it harms the State's finances not directly.
., 6. The relationship between the misdeeds of the criminal sub and the 1b and the deeds which is the basis of the criminal corruption is as lex specialis against lex generalis, but in this case it is not a matter of cause of punishment. is or is equally weighed or heavier than on the threat of punishment against the underlying criminal acts.
., 7. With the formulation of chapters 1a and 1b, the term corruption in this Regulation is used in a broad sense, even in a sense that deviates from the meaning of "social economy isch" if it is not based on criminal corruption. Articles 418, 419 and 420 Penal Code of . A suspect and every one is required to give the Prosecutor a description; this obligation does not apply to very close members [chapters 274 verses (1) and (3)], religious officers and doctors; for the bank, this obligation is held to the point of the law. Certain terms, as contained in the regulations concerning the Secret of the Bank (should mention the name of the suspect, the cause of the caption requested, the relation between the accounts and the permission of the First Minister). It does not meet the obligation to be threatened with a prison sentence or a Laws, and if true what the Mr. S.J. Fockema Andreas has postured, that "omkoping of corrupteie enz van ambtenaren door giften of belopten bewogen tot eenigo, handeling", and by the Grooten kpt " Corruptie is tegen betalingen in ge'd, good of ganst als ambtennaaar voor het afgeven van verklaringen, berlenen van rechten kwijtschelden van verplichtingen and wel het afsluiten van oontracten, die men anders niet and welanders luidende of later zou heben afgeven, verllend, kwijtgesholden of afgesloten, zoowel ten opzichte van particulieren alls ten op-zichte van andere ambtenaren ".
., therefore, it is worth, if the criminal acts are listed in section 17 of this rule, and sections 209, 210, 415 to 420, 423, 425 and 435 Penal Code of Laws are also criminal corruption, so do The crimes are listed in section 18 to section 21 which is very closely related to the prosecution of corruption, ushered, prosecuted and examined according to special rules in this Regulation.
., 8. In the Code of Penal Code not being threatened by the punishments of the people who reward the employees referred to in article 418 of the Code of Criminal Law, nor are they threatened with the punishment of those who give gifts to the person who receives a salary or wages from a State or an area ' s finances or to a person who receives a salary or wages from a Body that receives the financial assistance of the State or other areas or legal entities that use capital and The leniency of the State or the public to fill this void then chapter 17 is held.
., 9. So are the terms of 209, 415 to 419, 423, 425 and 435 Penal Code of Penal Code, calling only a person to be bribed by "civil servants", and it is necessary to provide such a rule to those who receive pay or wages. as referred to in sub 8. (Check General Explanation).
., 10. For all those who commit felon according to the Articles of 16 and 17 of these Regulations and sections 209, 210, 415 to 420, 423, 425 and 435 Penal Code of Penal Code are considered to be as severe as evil, then the threat of punishment against the deeds of the law. It is the same as for ever twelve years of imprisonment and/or fine as high as one million rupiah (chapters 16 and 17, chapter 24).
Section 2
.,, verse (1) is the same as section 27 and Peperpu ' s rules, and is the main guideline in the depreciation/Corruption Prosecution by the Prosecutor. According to the guidelines, in order to be depreciation/prosecution of criminal corruption, do not deviate too much from the rules of the ordinary criminal event, then sections 28, 29 and 33 of the Peperpu rules are no longer contained in the Regulation. This government.
Which is not contained in Peperpu's rules, but listed in this rule regarding the depreciation, is chapter 4 and article 5 of the paragraph (5) of the right of "deponeering" of the Prosecutor's firight and about the bank's secrets (check below).
Section 3
.,, the term-term penetration in order to accelerate depreciation and prosecution by the Prosecutor is the same as set in section 30 of the Peperpu rules.
Section 4
.,, the Enforcer of the Attorney General's authority to depont the corruption case, is listed in this section with the intent to prevent possible irregularations by the prosecution in the area based on certain considerations. This provision does not exist in Peperpu rules.
Section 5
.,, Verse (3) of the bank ' s liability gives description, is not contained in Peperpu rules, and is listed here to be tailored to the regulatory intent on the Secret Bank (check above).
Section 6
.,, About the paragraph (3) check the explanation of section 5 above.
Article 7
.,, pretty clear. Check also in the General Description.
Article 8
.,, Deviating from the usual event rules, the Prosecutor is not required to receive permission first from the Chairman of the State Court, to be able to enter the house.
If the occupant refuses, the prosecution is also accompanied by two witnesses.
Article 9
.,, the provisions of the ini-deviation of the usual show rules, and are intended to speed up the settlement of the matter.
Chapters 10 to 12.
., has been sufficiently described in the General Description of the investigation of corruption in the face of the magistrate.
Chapters 13 to 15.
.,, check the General explanation of the judicial case of criminal corruption perpetrated by members of the Army of War.
Sections 16 and 17.
.,, Check the Explanation of section 1.
Chapters 18 to 22.
., governing the threat of punishment against the suspect, the defendant, the witness and any person who does not heed his obligation according to these regulations.
Section 23
., to avoid any doubt, whether the matter of "other corruption" or by other terms is "the rule of despicable corruption" (in the Peperpu rules), which was done before the Rule of the Regents of the Government of the United States. This law is in effect, continuing to be ushered in, prosecuted and examined, then the judicial provisions of article 23 of this article are firmly established, that the release of objects and checks in advance of the High Court at the beginning of the Ordinance of Regulation. This government has begun, continuing to be solved according to the rules of the law. The peperpu.
But the works of the felon, which were in the law of the law, were not carried out, even before the law of Peperpu's law, and the statutes of Peperpu's rule were not yet. Sought/checked in advance of the Court, one and another under the Government Ordinance of the Act concerning the Danger of section 61 sub-yo. Section 36, yo. Chapter 9, which is in the right place, is that the acts of corruption, which are in the law, are judged by the law, and are judged by the law. Those are the rules of the Peperpu.
Section 24
.,, has been described in the General Description and regarding section 1.
