International Journal of Research and Innovation in Social Science (IJRISS) |Volume VI, Issue XII, December 2022|ISSN 2454-6186
Lapatawe B. Hamka1*, Muhammad Basir-Cyio2, Aminuddin Kasim2
1Student of Doctoral Program of Social Sciences Study Program, Postgraduate Tadulako University
2Lecturer of the Doctoral Program of the Social Sciences Study Program, Postgraduate Tadulako Universitas University
*Corresponding Author
Abstract: The retributive justice paradigm, which forms the legal basis for eradicating corruption, is irrelevant to the law’s main objective against corruption in Indonesia. The spirit to save state assets must be based on restorative justice thinking oriented towards recovering from criminal acts rather than imprisoning corruptors. This study aims to examine the legal and political policies for eradicating corruption in Indonesia, where restorative justice can be used to restore state financial losses that can be recovered by the accused. This study uses normative legal research to answer the problems faced, and the authors use legal rules, legal principles, principles, and doctrines. The study results show that 1) the concept of restorative justice in sentencing perpetrators of corruption can be implemented by strengthening the norms of restitution for state losses from serving as additional crimes to becoming principal crimes. As for anticipating perpetrators unable to pay for these losses, the concept of forced labor can be applied instead of imprisoning perpetrators of corruption; 2) the concept of restorative justice in sentencing perpetrators of corruption can be implemented in the form of strengthening the norms of returning state losses from being an additional crime to being a major crime; 3) it is important to reform the criminal act of corruption immediately so that the restorative justice paradigm can be immediately introduced into the new legal norms.
Keywords: corruption, crime, restorative justice, state loss.
I. INTRODUCTION
Corruption is a social problem that destroys morale and the course of development and can cause damage, even destruction, to the life of society, nation, and state. Corruption results in inefficiencies in development, undermines the democratic process and causes large economic losses to the country (Gakeh Baraei et al., 2020; Putri & Aimon, 2022). This phenomenon is like poison for society that has become a social problem in most countries worldwide. As a result, Indonesia, which has a myriad of corrupt practices, is poverty everywhere, and most objects are always aimed at the lower classes. Even though laws and law enforcers have tried their best to eradicate corruption, a lot of corruption still occurs (Rudiyah, 2020; Paranata, 2022). There is an opinion that corruption in Indonesia has become a culture difficult to eradicate. However, this does not mean corruption cannot be eradicated (Pertiwi & Ainsworth, 2021).