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All Journal Integritas: Jurnal Antikorupsi Legislatif
Rizkiah, Nurfatiha
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Law, Crime, Criminology & Criminal Justice

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Recodification of corruption crime provisions in the national criminal code Indriati, Tri; Rizkiah, Nurfatiha; Mazhar, Muh Nur Mazrur
Integritas: Jurnal Antikorupsi Vol. 10 No. 2 (2024): INTEGRITAS: Jurnal Antikorupsi
Publisher : Komisi Pemberantasan Korupsi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32697/integritas.v10i2.1152

Abstract

Corruption crimes, as contained in the National Criminal Code, are controversially regulated. These have lower sanctions compared to the previous provisions in the Corruption Eradication Law. Indonesia's Corruption Perception Index has decreased since 2022, from a score of 38/100 to 34/100. Additionally, there have been several convictions wherein punishment involved imprisonment below the minimum timespan. This implies that the purpose of punishment, which is to eradicate corruption, has not been achieved. This research was conducted to determine the issue of light sanctions for defendants in corruption cases. It analyzes the Theory of Legal Truth and the Cost-Benefit Model Theory, as it pertains to the impact of recodifying corruption provisions into the National Criminal Code. This research employs prescriptive analysis, assessing what should be in the applicable legal regulations. It regards legal theory and the application of positive law to analyze a case study and address the research question. This research determines that light sentences allocated to corruption defendants reflect the low sanctions provisions, triggering increases in corruption cases. Moreover, the imposition of lower sanctions in the National Criminal Code risks encouraging an increase in corruption crimes in the future. This creates serious concerns regarding the effectiveness of law enforcement in deterring potential perpetrators against corruption.
PENYALAHGUNAAN KEWENANGAN PEJABAT PUBLIK DALAM PENANGGULANGAN JUDI ONLINE SEBAGAI SUAP TINDAK PIDANA KORUPSI Aini, Nur; Farafishah, Nailah; Rizkiah, Nurfatiha
Legislatif VOLUME 9 NOMOR 1 2025
Publisher : UKM Lembaga Penalaran dan Penulisan Karya Ilmiah Fakultas Hukum Universitas Hasanuddin

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Abstract

The abuse of authority by public officials in addressing online gambling reveals weaknesses in the integrity and accountability system of state apparatus. The Ministry of Communication and Digital Affairs (Komdigi), which is normatively authorized to block gambling websites, was instead involved in practices protecting illegal sites in exchange for certain benefits. This study aims to analyze the forms of such abuse of authority and to demonstrate that the conduct of public officials in this case fulfills the elements of bribery in office as regulated under the Anti-Corruption Law, which are not reflected in the application of the Electronic Information and Transactions Law. This research employs normative legal research using a statutory approach to comprehensively examine the provisions of Article 12 letter (a), as well as a conceptual approach to assess the qualification of receiving gifts or promises due to official position as an offense of office under corruption law. The findings indicate that the actions of public officials who allowed certain online gambling sites to continue operating while receiving financial benefits satisfy the elements of Article 12 letter (a) of Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 on the Eradication of Corruption. The conclusion emphasizes that the conduct of Komdigi officials should not be regarded as a technical violation of the EIT Law, but rather as a corruption offense characterized by abuse of authority based on official position, thereby placing it within the corruption law regime as the basis for public officials’ criminal liability.
Co-Authors Farafishah, Nailah Indriati, Tri Mazhar, Muh Nur Mazrur Nur Aini