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146 J.L. Pol'y & Globalization 1 (2025)

handle is hein.journals/jawpglob146 and id is 1 raw text is: Journal of Law, Policy and Globalization wwwiistemorg ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) P-. Vol.146, 2025 ISTE The Antinomy of The Application of The Principle of Premium Remedium in Enforcing the Criminal Act of Corruption For State Financial Loss Herman A. Koedoeboen1 M. J. Saptenno2, J. Tjiptabudy3' J. J. Pietersz4 1 Doctoral Program of Law, Faculty of Law, Pattimura University, Indonesia. 2,3,4 Postgraduate Lecturer in the Law Doctoral Study Program, Pattimura University E-Mail of Corresponding Author: koedoeboenherman@gmail.com ABSTRACT Premium Remedium as a legal principle, with regard to prioritizing the imposition of criminal sanctions, should not be a form of application of absolute theory but as a form of application of expanded integrative theory in the aim of punishment as a guarantee of legal protection and certainty for every citizen seeking justice, in accordance with the mandate of Article 28 D of the 1945 Constitution. The application of the principle of premium remedium in law enforcement for criminal acts of corruption causing losses to state finances, is faced with positive law which places the function of administrative law as a premium remedium in law enforcement for acts that are detrimental to state finances, which is a reality of legal antinomy. The issue raised is what legal principles are the basis for the implementation of the provisions of Law Number 31 of 1999 (UUPTPK) concerning the Eradication of Premium Remdium Corruption Crimes. The type of research used is normative research, namely research that primarily examines positive legal provisions, legal principles, legal principles and legal doctrine in order to answer the legal issues faced using a problem approach, statutory regulation approach, conceptual approach, philosophical approach. The legal materials used are primary legal materials and secondary legal materials. The research results show that the functionalization of the Corruption Eradication Law is Premium Remedium in law enforcement for offenses involving state financial losses, which is in contradiction with the Premium Remedium nature which is explicitly normatively attached to administrative law as a means of resolving state financial losses based on the provisions of Article 14 UUPTPK. The Premium Remedium principle attached to the a quo Eradication of Corruption Crimes is based on the principle of retributive justice or absolute theory which is not commensurate with the aim of expanded integrative punishment as contained in Law Number 1 of 2023 concerning the Criminal Code which has restorative justice as its core. Key words: Premium Remedium Principle, criminal acts of corruption, legal antinomy DOI: 10.7176/JLPG/146-01 Publication date: February 28th 2025 A. Introduction The term antinomy comes from the Latin antinomia which means anti-nomos or contradiction of norms. Literally, antinomy means a contradiction between two apparently equally valid principles or between internal principles correctly drawn from such - a contradiction between two things that appear equally, in a valid principle-a rule that applies or is simplified means a contradiction within a law itself.1 Every conflict in legal theory or legal regulation material can be classified as an antinomy. This means that, theoretically, antinomy is a concept of conflict which is the basis for carrying out an analytical process regarding the norms and values contained in a legal rule. These pillars of antinomies form the foundation of law to be proportional and balanced, reducing tensions between one pillar and another.21n our legal system, we often find antinomies 3 because antinomies are basically the evolution between two norms or two values in one controversial law. In contrast to the meaning of norm conflict, in the context of norm derogation the essence is a conflict between two norms which is based on the conflicting nature of the law contained in a norm, but the two conflicting norms both have the validity of their application, the jurisdictional consequence of which is that the 'Zainal Arifin Mochtar & Eddy O.S Hiariej, Dasar-Dasar Ilmu Hukum-Memahami Kaedah, Teori, Asas, dan FilsafatHukum, Red & White Publishing, Indonesia, 2021, p. 183 2Zainal Arifin Mochtar & Eddy O.S Hiariej, ibid, p. 195 3Sudikno Mertokusumo, Penemuan Hukum sebuah Pengantar, Maha Karya Pustaka, Cet. 1, Jogjakarta, 2020, p. 21 1

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