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All Journal INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Nurani Hukum : Jurnal Ilmu Hukum
Sugiri, Bambang
Universitas Brawijaya
Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Disharmony of Norms and Application of Punishment of Perpetrators of Assisting (Medeplichtige) Corruption Crimes in Indonesia Ansori, Ansori; Sugiri, Bambang; Aprilianda, Nurini; Noerdajasakti, Setiawan
Nurani Hukum Vol 8, No 1 (2025): Assessing National and International Perspectives on Justice and Legal Protectio
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v8i1.31467

Abstract

This study investigates the legal disharmony and uncertainty surrounding punishment for those who assist in corruption crimes in Indonesia. Currently, there's a conflict between the Criminal Code, which imposes a one-third lighter sentence for accomplices, and the Anti-Corruption Law, which threatens them with the same punishment as the main perpetrator. This normative inconsistency often leads to disparate and disproportionate sentencing, with some accomplices receiving harsher punishments than the main offenders, despite their lesser role. The novelty of this research is its exploration of this specific legal conflict and its impact on judicial outcomes. Addressing this issue is urgent to ensure fairness and legal certainty in corruption cases. This research's will contribute toward proposed reconstruction of the punishment norms for accomplices, based on the principle of proportionality, to reduce inconsistencies and prevent unjust disparities in sentencing.
Protection of Third Party Preferential Rights in the Confiscation of Corruption Crime Assets in Indonesia Purwandari, Rini; Hadiyantina, Shinta; Sugiri, Bambang
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 9, No 2 (2025): Inpress
Publisher : State Islamic University of North Sumatra Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijlres.v9i2.26000

Abstract

Corruption in Indonesia is not only understood as a criminal act that harms state finances, but also as a violation of human rights, especially when assets resulting from corruption are confiscated but are found to be controlled by third parties acting in good faith. This study aims to analyze the meaning of legal regulations related to the protection of third-party preferential rights and to formulate an ideal regulatory concept for the future. Using a prescriptive-analytical normative juridical method, this study examines legislative approaches, case studies, and court decisions. The results show that the existing legal framework, including the PTPK Law and Supreme Court Regulation No. 2 of 2022, does not provide comprehensive guarantees for the rights of third parties. The case studies of Bank Jatim and PT Sritex reveal a legal vacuum in practice, where legitimate secured creditors remain vulnerable when assets are confiscated. This study concludes that without clear and synchronized regulations, asset seizure has the potential to create new injustices, undermine public trust, and disrupt legal certainty in economic activities. Therefore, the reconstruction of more adaptive and transparent regulations is an urgent need to balance the interests of the state in asset recovery and the protection of bona fide third parties.
Co-Authors Ansori, Ansori Hadiyantina, Shinta Noerdajasakti, Setiawan Nurini Aprilianda Purwandari, Rini