KEJAHATAN DAN HUKUMAN : KORUPSI DALAM TINJAUAN FILSAFAT

Abstract

The Criminal Code explains that crime is divided into two parts, namely violations and crimes, crime is a criminal act that can pose a threat of severe punishment, the punishment can be in the form of fines, imprisonment/prison, death penalty, and can also be accompanied by confiscation of goods. certain rights, and also up to the revocation of certain rights. Meanwhile, a violation is a crime whose punishment is lighter than the crime and the penalty is a fine or imprisonment. Prof.Dr.Joko Siswanto stated that crime starts from four fundamental problems. The first is the existence of God as the creator of everything. The second appearance of evil as reality. Third, human existence as a responsible individual. the dynamic third state of nature with its laws and developments. From this problem raises fundamental questions about crime: where does crime originate from, does crime have transcendent and immanent dimensions, and whether crime is objective, relative, or relational. Hobbes was a pioneer of modern materialism. In his opinion, life must be subject to the order of natural laws. Because it relies on natural laws, human knowledge must also be based on objective experience and observation. To natural nature, we draw cause-and-effect relationships. The consequence of this thought is that a priori knowledge has no place in reason. He rejected the traditional medieval metaphysics of God as the first cause of reality. For him, motion and matter were the first causes, in this case Hobbes was influenced by Newton's mechanical thinking. Even in matters of language, Hobbes sees that the function of human language must have a reference to reality. Words acquire their meaning by describing experiences. Experience is the basis of all thought, so words must correspond to the reality they describe. Poetic, allegorical or metaphorical language is of course rejected.