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All Journal Integritas: Jurnal Antikorupsi Corruptio
Nazhif Ali Murtadho
Universitas Airlangga
Law, Crime, Criminology & Criminal Justice

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Harmonisation of criminal policy on corruption offences in the criminal justice system in Indonesia Nazhif Ali Murtadho; Muhammad Galuh Pamungkas Wahyu Ramadhan
Integritas: Jurnal Antikorupsi Vol 11 No 2 (2025): INTEGRITAS: Jurnal Antikorupsi
Publisher : Komisi Pemberantasan Korupsi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32697/integritas.v11i2.1588

Abstract

Corruption in Indonesia remains entrenched due to fragmented criminal policies that separate formal criminal sanctions from informal social controls, thereby weakening comprehensive anti-corruption efforts. This paper examines the need to harmonise Criminal Policy, rooted in UNCAC ratification and legislative reform, with Non-Penal Policy, which relies on public awareness, informal sanctions, and cultural norms. Using doctrinal legal research with statutory and comparative approaches, the study analyses national legislation, UNCAC provisions, and best practices in criminalising bribery in the private sector. The findings indicate that although UNCAC ratification through Law No. 7/2006 modernised formal sanctions and introduced non-mandatory offences, gaps persist in the regulation of corporate bribery and a lack of systematic non-criminal measures, producing policy dissonance. The study demonstrates that integrating ISO 37001 standards, non-penal asset forfeiture, public integrity education, and community engagement can bridge these gaps. The researcher concludes that an integrated criminal policy incorporating clear criminal definitions, preventive education, and robust social sanctions is essential for sustainable corruption control. Accordingly, the paper recommends legislative amendments to fully criminalise private-sector bribery, institutionalise non-penal strategies, and establish coordinated oversight mechanisms to promote a cohesive, adaptive, and equitable anti-corruption framework.  
Application of the Business Judgment Rule Doctrine and the Validity of Calculating State Financial Losses in Criminal Accountability for Corruption Muzakkir Muzakkir; Ali Mannagalli; Nazhif Ali Murtadho; Sri Warjiyati
Corruptio Vol 7 No 1 (2026)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v7i1.5742

Abstract

The conflation of business risks with criminal conduct can lead to the criminalization of corporate decisions, as illustrated by Decision No. 102/Pid.Sus-TPK/2025/PN.Jkt.Pst. This study examines the boundaries between business risks and corporate crimes under the Business Judgment Rule (BJR) and evaluates state loss calculation methods and causal evidence. Using doctrinal legal research with statutory, conceptual, and case approaches, the study finds that directors’ decisions made in good faith and with due care are protected under Article 97(5) of Law No. 40 of 2007 and the principle of ultimum remedium. State loss assessments must establish actual, quantifiable losses and account for economic benefits. Applying the total loss method without considering these benefits or establishing causation may undermine the validity of loss calculations. The study recommends harmonizing corporate, state-owned enterprise, and anti-corruption laws, developing judicial guidelines to distinguish business risks from criminal conduct, and adopting net loss calculations that reflect actual economic benefits and the substance over form principle.
Co-Authors Ali Mannagalli Muhammad Galuh Pamungkas Wahyu Ramadhan Muzakkir Muzakkir Sri Warjiyati