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All Journal Dewantara: Jurnal Pendidikan Sosial Humaniora Journal of International Islamic Law, Human Right and Public Policy
Derta Simbolon
Universitas Pembangunan Panca Budi
Religion Arts Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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LEGAL DISCOVERY AND JUDGES' LEGAL REASONING IN RESOLUTION OF CORRUPTION CASES IN INDONESIA Briski Viktor H. Sinaga; Rahmayanti; Derta Simbolon; Lume Hetty Alphani Simbolon
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 4 (2025): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v3i4.166

Abstract

Corruption is an extraordinary crime that requires a progressive legal approach, including in the process of legal discovery by judges. The complexity of the methods and the development of state losses mean that the application of laws does not always provide certainty in resolving cases. Therefore, legal reasoning is a crucial instrument for emphasizing the principles of justice, certainty, and expediency. This study aims to analyze the legal discovery model in corruption cases and how judges construct legal arguments in their decisions. The research method uses a normative legal approach through analysis of laws, legal principles, and court decisions. The results of the study indicate that legal discovery is necessary in corruption cases involving legal loopholes, multiple interpretations of state losses, and indirect evidence. Legal reasoning can strengthen the legitimacy of decisions and serve as the basis for responsive legal development.
Paradoks Pembaruan Hukum Pidana terhadap Pengurangan Ancaman Pidana Minimum Tindak Pidana Korupsi dalam Kitab Undang-Undang Hukum Pidana Aswindari Harahap; Ismaidar Ismaidar; Abdul Rahman Maulana Siregar; Alfonso Pahala Manihuruk; Bambang Agus Pariyono; Briski Viktor Sinaga; Derta Simbolon
Dewantara : Jurnal Pendidikan Sosial Humaniora Vol. 5 No. 2 (2026): Juni: Dewantara : Jurnal Pendidikan Sosial Humaniora
Publisher : Universitas 45 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30640/dewantara.v5i2.6992

Abstract

Corruption has long been regarded as an extraordinary crime due to its extensive impact on state finances, the national economy, and public trust in government institutions. As part of Indonesia's commitment to combating corruption, Law Number 31 of 1999 concerning the Eradication of Corruption Crimes established relatively severe special minimum penalties, particularly under Article 2 paragraph (1). However, through Law Number 1 of 2023 concerning the Criminal Code, corruption offenses were reformulated under Articles 603 to 606, including changes to the minimum criminal sanctions for certain corruption offenses. This study aims to analyze the reformulation of corruption offenses in the Criminal Code and to examine the paradox arising from the reduction of minimum criminal penalties within Indonesia’s criminal law reform policy. This research employs a normative legal research method using statutory and conceptual approaches. The data utilized are secondary legal materials collected through library research and analyzed qualitatively. The findings reveal that Article 603 of the Criminal Code substantially adopts the provisions of Article 2 paragraph (1) of Law Number 31 of 1999, while reducing the minimum imprisonment from four years to two years. This change reflects a new orientation emphasizing sentencing flexibility and individualization of punishment. Nevertheless, it also creates a paradox because the reduction applies to corruption, an offense that has long been classified as an extraordinary crime. Therefore, Indonesia’s criminal law reform continues to face challenges in balancing the modernization of the sentencing system with the consistency of anti-corruption policies.
Co-Authors Abdul Rahman Maulana Siregar Alfonso Pahala Manihuruk Aswindari Harahap Bambang Agus Pariyono Briski Viktor H. Sinaga Briski Viktor Sinaga Ismaidar Ismaidar Lume Hetty Alphani Simbolon Rahmayanti