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All Journal Ipso Jure Ipso Jure
Usman Usman
Dosen Fakultas Hukum, Universitas Jambi
Law, Crime, Criminology & Criminal Justice

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Bargaining for Punishment in Corruption Crime: Toward Justice from a Victimology Perspective Angga Aldilla Gussman; Hafrida Hafrida; Usman Usman; Sahuri Lasmadi; Elly Sudarti; Sri Rahayu
Ipso Jure Vol. 1 No. 11 (2024): Ipso Jure - December
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/be8qn325

Abstract

Corruption is an extraordinary crime that causes significant losses to the state, both materially and immaterially, which has a broad impact on the economic, social and political stability of a country. As the main victim in corruption crimes, the state bears the burden of recovering the losses incurred. The concept of bargaining for punishment offers an alternative approach in corruption law enforcement by allowing the perpetrator to reduce the sentence through the return of state losses. This research aims to analyze the application of the concept of bargaining for punishment in the context of Indonesian criminal law, especially in realizing justice and benefits for the state as a victim. The method used is Normative Juridical legal research, this research discusses the relevance of bargaining for punishment in bridging the interests of the state for the recovery of losses with the principles of criminal justice. The results show that the application of this concept can accelerate the case settlement process, reduce the burden on the justice system, and maximize the return of lost state assets. However, the application of bargaining for punishment must be closely monitored so as not to harm the principle of justice, especially in dealing with perpetrators with a significant level of guilt. Bargaining for punishment has the potential to become a strategic mechanism in eradicating corruption in Indonesia, provided that it is applied proportionally by considering aspects of justice, expediency, and legal certainty. This research recommends strengthening regulations and guidelines for the implementation of bargaining for punishment to ensure optimal recovery for the state as victims of corruption crimes
The Concept of Bargaining for Punishment in Resolving Corruption Cases Drived by Technological Developments Angga Aldilla Gussman; Usman Usman; Elly Sudarti; Sahuri Lasmadi; Herry Liyus
Ipso Jure Vol. 1 No. 11 (2024): Ipso Jure - December
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/1dmfwz07

Abstract

The development of information technology has provided new challenges in the fight against corruption, especially in terms of technology-based crimes that are difficult to detect. This research aims to analyze the application of the concept of bargaining for punishment in handling digital corruption cases and evaluate the challenges and benefits arising from its application. The method used in this research is a literature study and analysis of applicable legal concepts in the context of technology-based crimes. The results show that the application of this mechanism can accelerate the process of disclosing corruption cases involving technology, by offering incentives to reduce sentences to defendants who are willing to cooperate. However, the application of this concept also faces a number of challenges, such as the potential for abuse of the justice system, the complexity of obtaining valid evidence, and the need for regulatory updates and capacity building of law enforcement agencies. Overall, while bargaining for punishment offers great potential to accelerate the disclosure and recovery of state losses, its success relies heavily on the integrity of the legal system and strict oversight.
Bargaining for Punishment in Corruption Crime: Toward Justice from a Victimology Perspective Angga Aldilla Gussman; Hafrida Hafrida; Usman Usman; Sahuri Lasmadi; Elly Sudarti; Sri Rahayu
Ipso Jure Vol. 1 No. 11 (2024): Ipso Jure - December
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/be8qn325

Abstract

Corruption is an extraordinary crime that causes significant losses to the state, both materially and immaterially, which has a broad impact on the economic, social and political stability of a country. As the main victim in corruption crimes, the state bears the burden of recovering the losses incurred. The concept of bargaining for punishment offers an alternative approach in corruption law enforcement by allowing the perpetrator to reduce the sentence through the return of state losses. This research aims to analyze the application of the concept of bargaining for punishment in the context of Indonesian criminal law, especially in realizing justice and benefits for the state as a victim. The method used is Normative Juridical legal research, this research discusses the relevance of bargaining for punishment in bridging the interests of the state for the recovery of losses with the principles of criminal justice. The results show that the application of this concept can accelerate the case settlement process, reduce the burden on the justice system, and maximize the return of lost state assets. However, the application of bargaining for punishment must be closely monitored so as not to harm the principle of justice, especially in dealing with perpetrators with a significant level of guilt. Bargaining for punishment has the potential to become a strategic mechanism in eradicating corruption in Indonesia, provided that it is applied proportionally by considering aspects of justice, expediency, and legal certainty. This research recommends strengthening regulations and guidelines for the implementation of bargaining for punishment to ensure optimal recovery for the state as victims of corruption crimes
The Concept of Bargaining for Punishment in Resolving Corruption Cases Drived by Technological Developments Angga Aldilla Gussman; Usman Usman; Elly Sudarti; Sahuri Lasmadi; Herry Liyus
Ipso Jure Vol. 1 No. 11 (2024): Ipso Jure - December
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/1dmfwz07

Abstract

The development of information technology has provided new challenges in the fight against corruption, especially in terms of technology-based crimes that are difficult to detect. This research aims to analyze the application of the concept of bargaining for punishment in handling digital corruption cases and evaluate the challenges and benefits arising from its application. The method used in this research is a literature study and analysis of applicable legal concepts in the context of technology-based crimes. The results show that the application of this mechanism can accelerate the process of disclosing corruption cases involving technology, by offering incentives to reduce sentences to defendants who are willing to cooperate. However, the application of this concept also faces a number of challenges, such as the potential for abuse of the justice system, the complexity of obtaining valid evidence, and the need for regulatory updates and capacity building of law enforcement agencies. Overall, while bargaining for punishment offers great potential to accelerate the disclosure and recovery of state losses, its success relies heavily on the integrity of the legal system and strict oversight.
Co-Authors Angga Aldilla Gussman Elly Sudarti Hafrida Herry Liyus Sahuri Lasmadi Sri Rahayu