ANALISIS YURIDIS TINDAK PIDANA GRATIFIKASI TERHADAP PRAJURIT TNI

Abstract

The criminal act of gratification is part of the criminal act of corruption regulated in article 12B of Law 
Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption and Abuse of Power which 
is regulated in article 126 of the Criminal Procedure Code which are two separate legal rules, but in reality 
the criminal act of gratification is happens, is done by abusing power. It is possible that this was carried 
out by TNI soldiers so that it could raise doubts about the application of the rule of law to be able to fulfill 
the values of justice if these crimes occurred simultaneously. In order for this problem to be broken down,  
a normative juridical approach is used, namely an approach by looking at the legal provisions contained 
in the legislation through a literature study. Which ultimately results in certainty regarding the rule of law 
that is applied in the event that there have been concurrent criminal acts of gratuity and abuse of authority, 
as well as decisions that reflect justice and the achievement of criminal objectives, namely to prevent 
people from committing crimes and to achieve protection for the interests of society.