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Original Research

APPLICATION OF THE CONCEPT OF ERATING CORRUPTION IN INDONESIA FROM A RESTORATIVE JUSTICE PERSPECTIVE

IWAN SETIAWAN 1, AMIRUDDIN 2, GATOT HENDRO WIBOWO 3, and ZAINAL ASIKIN 4.

Vol 19, No 03 ( 2024 )   |  DOI: 10.5281/zenodo.10934662   |   Author Affiliation: Doctoral Study Program in Legal Sciences, Faculty of Law, Mataram University, Indonesia 1,2,3,4.   |   Licensing: CC 4.0   |   Pg no: 886-910   |   Published on: 28-03-2024

Abstract

The aim of this research is to analyze application of the concept of eradicating corruption in Indonesia from a restorative justice perspective. The type of research is normative legal research, namely research conducted on legal principles, legal rules in the sense of values (norms), concrete legal regulations and legal systems, which relate to the material studied. This research uses the statutory approach, conceptual approach and case approach. After collecting legal materials from the literature, an evaluative analysis is carried out to be able to solve legal issues based on doctrinal theories, theories and legal principles or principles put forward by legal experts or scholars. The research results show that the application of the concept of eradicating corruption in Indonesia from a restorative justice perspective takes into account first, the historical basis and shifts in the regulation of criminal acts of corruption in Indonesia. Second, eradicating corruption based on the current Corruption Law. Third, the distribution of the formulation of criminal acts of corruption in several laws. Fourth, the principle of restorative justice, which adheres to the notion of improvement, involvement and facilitation of the justice system. By paying attention to this concept, it is intended that there is coherence between the moral basis of corruption and the basic principles of restorative justice. Corruption is a criminal act that damages the economic system and causes huge losses to society, so eradicating it with RJ must lead to efforts to improve, involve and facilitate the justice system, because pursuing corporal punishment does not guarantee that the situation will return to normal, by emphasizing the perpetrator's responsibility to improve, then the criminal objective will automatically be realized. RJ arrangements have been included in institutional technical regulations, in the Police and Prosecutor's Office. The legal level is contained in the SPPA Law and has been contained in the new Criminal Code, namely the principles of improvement, involvement and eliminating nuances of retaliation.


Keywords

Corruption; Restorative Justice; Indonesia.