Corruption can be defined as an action related to public interest for the interest of an individual or certain group of people. Specifically, there are thre phenomena of the criminal act of corruption i.e. bribery, extraction, and nepotism. The criminal act of corruption also belongs to economic crime that can be compared to the anatomy of economic crime such as disguise of purpose or intent, reliance upon the ingenuity or carelessness of the victim, and concealment of the violation. Article 2 (1) of the Law on Corruption Removal requires several characteristics of the elements of criminal act and one of them is an action against the law which in practice it becomes a problem in the implementation of court system for corruption criminal act especially that related to an action against the material law. The concept of action against material law has basically been known in the criminal court system in Indonesia but it is not yet effective and it is paid less attention in the court system in Indonesia. The action against the law as stated in Article 2 (1) of the Law on Corruption Removal is functioned as the basic that the elements of the action against the law are not only an action against formality (formele wederrechteli kheid) as followed by the Indonesian Criminal Code but also an action against material law (materiele wederrechteli kheid). Therefore, the purpose of this study is, first, to look at the principle and the concept of action against the law in the criminal law, second, to find out what responsibility the actor of corruption criminal act has in the case of action against the material law (materiele wederrechtelijkheid), and third, to identify how to prove the element of against the law in the case of corruption as decided by the Supreme Court of the Republic of Indonesia No.2068 K/Pid/2006. The data for this analytical descriptive study were obtained through library research including the secondary data related to the object of study. The data obtained were qualitatively analyzed by selecting the articles with the legal norms regulating the application the principle of action against the material law in the perspective of corruption criminal act. Then, the articles were systemized to result in certain classification according to the problems discussed in this study. In criminal law, an action against the law has 4 (four) meanings such as,first, an action against the law is understood as a general requirement to make an action into a criminal case according to the definition saying that a criminal action is a human behavior that can be defined as an offense, agaist the law and an be condemned; second, the words "against the law" are included in the formula of offense, therefore, the nature of against the law is a written requirement to make an action into a criminal case; third, the nature of an action against the formal law includes that the meaning of all elements in the formula of offense has been met-, fourth, the nature of an action against the material law can be viewed from the action itself whether it is against the law or jeopardizes the public interest to be protected by the makers of the law for the formula of offense, and from the law resource to see whether the action against the law has the meaning of againsts the principle of appropriateness, justice, and the law existing in the society. The next development is that the nature of against the material law can be categorized into the nature against the material law in terms of its negative and positive function. The application of the principle of the action against the law in corruption criminal act especially the action against the material law began to be paid attention again by the court system after the issuance of the Decision of Constitution Court No. 003/PUU-IV/2006. The Decision of Constitution Court has deleted the dimension of an action against the material law, but, in the implementation of the removal of corruption criminal act after the Decision of Constitution Court , many of the existing court systems still apply the action against the material law through the progressive or conservative interpretation and legal finding (rechtsviding). The base for a court to apply the action against the material law in corruption criminal act is corruption as a condemned action because it is not appropriate in terms of justice and social norms existing in the society. This condition can be seen in the Decision of Supreme Court No.2068 K/Pid/2006 in the case of corruption criminal act throgh the action of enriching himself or other people or corporation done by the prisoner by directly appoint the provision of ink for finger print used in the legislative election in 2004 that can inflict financial or economic loss to the state.

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