RECONSTRUCTION OF PENAL POLICY OF LAW ENFORCEMENT AGENTS IN CORRUPTION ERADICATION UNDER ADMINISTRATIVE PENAL LAW

ABSTRACT Corruption eradication in Indonesia is regulated in Anti-Corruption Act in which the management is conducted by the Corruption Eradication Commission (KPK). In enforcement of the law to eradicate corruption, KPK often applied the Anti-Corruption Act against the offense regulated in sectoral law containing administration penal. Consequently, inconsistency of penal policy taken by KPK in eradicating corruption occurred. The findings showed that penal policy in the eradication of corruption in Indonesia is still carried out by 3 (three) institutions: the KPK, police force, and attorney office. In carrying out the duties and power, there are some differences in perspective and definition and function of coordinating and monitoring conducted by the three institutions resulted in contra productivity in the corruption eradication program. It is because the sectoral ego that was put forward when handling the corruption cases. Reconstruction of penal policy on the corruption eradication done by the law enforcement is based on administrative penal law. It should be directed to: 1) the strengthening of coordination and supervision function of the law enforcement; and 2) the shifting of paradigm of the KPK investigator in understanding the administrative penal law