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All Journal The Indonesian Journal of Planning and Development Morality :Jurnal Ilmu Hukum Corruptio Jurnal Kajian Pembaruan Hukum Ius Poenale Jurnal Politik Law Research Review Quarterly
Pelengkahu, Muhamad
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Earth & Planetary Sciences Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Corruptio

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Corruption: Is it a Moral Issue or a Legal Issue? Pelengkahu, Muhamad
Corruptio Vol 5 No 1 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v5i1.3473

Abstract

The objective of this research is to examine the discourse surrounding corruption, with a particular focus on whether it is perceived as a legal issue or a moral issue. This research was conducted in response to the shortcomings of scholars' analysis in discussing the issue of corruption. Furthermore, in light of the considerable number of corruption cases globally, particularly in Indonesia, it is imperative that the government and relevant stakeholders reframe corruption as a national concern. This research is a descriptive qualitative study, employing data collection techniques through literature studies and analysis using deductive syllogism tools. The research concluded that corruption has become a social disease that continues to spread from upstream to downstream of human life. Currently, corruption is only focused on legal reform, whereas the root or heart of corruption is morality. Corruption is a moral issue, not a legal issue; therefore, it must be addressed through a moral, ethical, and transcendental approach.
Corruptio Legis in Indonesian Legal Politics: A Legisprudential Analytical Approach Pelengkahu, Muhamad
Corruptio Vol 6 No 2 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v6i2.4450

Abstract

This study conceptualises Corruptio Legis as a form of structural corruption operating within Indonesia’s legislative process, where formally valid procedures conceal substantive distortions of law, justice, and constitutional democracy. Using Wintgens’ legisprudence, Ekins’ theory of legislative intention, and Tuori’s ratio–voluntas framework, the analysis identifies key patterns of distortion, including legislative subordination to party elites, transactional lawmaking, and the marginalisation of public deliberation. Case studies of the stalled Asset Confiscation Bill and the Job Creation Law illustrate how oligarchic political interests displace public reason in lawmaking. The study proposes a four-step Corruptio Legisprudential Diagnosis Formula and advocates a Legislative Impact Assessment grounded in this framework to ensure that legislation is guided by rational deliberation rather than power-based interests.
Co-Authors Pratama, Ridwan Yoga Satria, Najib