PERADILAN KASUS GRATIFIKASI HARINI WIJOSO . (SEBUAH ANALISIS-KRITIS)

Abstract

AbstrakThe author elaborates concerning the corruption case's which involvedformer judge Harini Wijoso whom acting her recent advocate jobs forProbosutedjo as the accused corruption's actor. The advocate here thenbecomes accused also by doing corruption practices on bribery ways. In thecourt 's session the accusation of public prosecutors to Harini have reflectedthe criminal effords. Under Indonesian Criminal Law its classified asformeel delicten' (formal offensive) which then has qualified Probosutedjoas the involved aclor of crime perfomers. In fact then Corruption EradicationComission (KPK) has overulled through Probosutedjo as the accused. Theauthor here has thought that Probosutedjo is not the whistle blower byhimself involved on criminal conduct's, In this case the KPK have practicedinconsistency and abuse du droit by considering that KPK haven'tauthorized to suspend the investigation or due process of prosecution