Moh. Hasyim Asy’ari
Faculty of Law, Universitas Jambi

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Corruption Punishment in the Spotlight of Public Ethics and Human Rights: Finding the Balance between Retribution and Humanity Moh. Hasyim Asy’ari; Hafrida; Sahuri Lasmadi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6350

Abstract

The punishment of corruption offenders in Indonesia has become a multidimensional issue that not only touches on legal aspects, but also concerns public ethics and human rights (HAM). The public demands severe punishment as a form of retributive justice and deterrent effect against perpetrators of corruption, while at the same time the state is obliged to maintain the principle of respect for human dignity, even for the defendant. This research aims to examine the practice of punishing corruptors in the frame of public ethics and human rights, and analyze the tension between retributive demands and humanitarian principles. The method used is a normative juridical approach using secondary data in the form of legislation, legal doctrine, and international conventions such as the ICCPR and UNCAC. This research examines the extent to which the practice of punishing corruption in Indonesia is consistent with the principles of proportionality, non-discrimination, and human dignity. The results show that the Indonesian punishment system is still dominated by a strong retributive approach, but is not yet fully aligned with humanitarian values and international human rights standards. The practice of punishment is often trapped in emotional public pressure, which risks ignoring the principle of due process of law and the protection of the basic rights of the defendant. The conclusion of this research is the need to formulate a more balanced and equitable model of punishment for corruptors, by integrating the values of public ethics, retributive justice, and the protection of human rights