The Settlement of Corruption Case Using Restorative Justice in Indonesia’s Criminal Law
- February 27, 2020
- Posted by: RSIS
- Categories: IJRISS, Law
International Journal of Research and Innovation in Social Science (IJRISS) | Volume IV, Issue II, February 2020 | ISSN 2454–6186
The Settlement of Corruption Case Using Restorative Justice in Indonesia’s Criminal Law
Anwar Husin
Doctor of Law Program, Universitas Islam As-syafi’iyah, Jakarta-Indonesia
Abstract— The settlement of corruption can be done using the restorative justice approach as assigned in the legislation. Corruption is called a crime that has caused damage in various aspects of the life of the people, nation, and state. The Constitutional Court (Mahkamah Konstitusi or “MK”) in its decision referred to corruption as an “extraordinary crime,” as recognized by the international community. The UN Secretary-General, when adopting the results of the United Nations Convention against Corruption (UNCAC), stated that corruption has various corrosive effects on society, undermining democracy and the rule of law. Causing human rights violations, distorting markets, eroding quality of life, enabling organized crime, terrorism, and other threats to human security.
Keywords:Corruption, Restorative Justice, Indonesia’s Criminal Law
I. INTRODUCTION
Until now, there is still a tendency that all problems can only be resolved by law, even though the new law is meaningful if it is implemented and enforced in practice [1]. If the application of laws is not carried out integrally and is not followed by other systemic efforts, especially prosecution, then actions that are an integral part of legal development will be reduced in the efforts to eradicate corruption.
Therefore, it should be noted that the opinion of Barda Nawawi Arief, who said that the strategy in eradicating corruption. Not in eradicating corruption itself, but eradicating “causes and conditions that lead to corruption,” eradicating corruption through enforcement of criminal law is only a symptomatic eradication while eradicating causality and the conditions that give rise to corruption are causative eradication [2].
Referring to the results of the United Nations Congress on Prevention of Crime and Criminal Justice, since the 5th Congress of 1975 in Geneva to the 11th Congress in Bangkok 18-25 April 2005, recommended that overcoming corruption must be taken with an integrated approach (comprehensive), both preventive, repressive and educative.
