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Muhammad Ichsan
Universitas Adiwangsa Jambi

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Efektivitas Pemidanaan terhadap Pelaku Tindak Pidana Korupsi Ditinjau dari Perspektif Teori Pemidanaan Albi Ternando; Juang Juniato; Muhammad Ichsan; Fawwaz Farhan Oktariq; Agus Irawan
Wajah Hukum Vol 10, No 2 (2026): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v10i2.2226

Abstract

Corruption, as a criminal offense, inflicts significant harm on state finances, the execution of governance, and national development, while also eroding public trust in the legal system. Consequently, the sentencing of individuals who commit corruption should not merely serve as a form of criminal accountability; it must also fulfill the objectives of prevention, deterrence, the protection of public interests, and the recovery of state losses. This research aims to analyze the application of penalties for corruption offenders in accordance with Indonesian criminal law, while evaluating their effectiveness through the lens of sentencing theory. The study employs a normative legal research methodology, utilizing both statutory and conceptual approaches, based on a literature review of primary, secondary and tertiary legal sources. The findings indicate that the sentencing of corruption offenders is governed by the Law on the Eradication of Corruption Crimes, which provides for imprisonment, fines, and additional penalties such as restitution (payment of compensation to the state) and asset forfeiture. The imposition of sentences must take into account the degree of culpability, the extent of state losses, the illicit gains acquired, and the broader impact of the offense. Viewed through the perspectives of absolute, relative, and hybrid (combined) sentencing theories, the effectiveness of a sentence is determined not only by the length of imprisonment but also by its capacity to deliver proportional retribution, create a deterrent effect, prevent future crimes, safeguard the public interest, and recover state losses. Thus, the effectiveness of sentencing requires a proportional and consistent application, supported by the optimization of additional penalties and the recovery of assets derived from corruption.