SUMBANGAN DANA KAMPANYE PEMILU DAN KEJAHATAN KORPORASI (Dalam suatu Perbandingan)

Abstract

The form of corporate crime is not only in the field of environment pollution, deceive of consummer, unfair trade practices, etc, but also in the field of politics. In this field, it is usually for economic advantage through the campaign fund contributed to the party. In USA, Watergate scandal, for example, it shows the corporate involvement in the general ellections arena, so that in 1971 the USA government legislated a new regulation limiting the sum of corporate contribution to political party. Indonesia, in the face of general election 2004, has anticipated it by UU No. 12 Tahun 2003. However, if we pay close attention to penal policy as regulated in Article 138 section (5) which just regulates capital punishment (imprisonment and fine), while the additional punishment is not regulated in that statute, it is worried that the statute will not be efective to prevent the corporation’s violation of the constribution limit tolerated by the statute. The weakness of the formulation policy will influence the interaction perpetuation which benefit each-other between contributor and receiver of contribution. As a consequence, it is difficult to prevent the conspirative connection for each elite group interest.