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All Journal Ipso Jure
Gussman, Angga Aldilla
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Law, Crime, Criminology & Criminal Justice

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Bargaining for Punishment in Corruption Crime: Toward Justice from a Victimology Perspective Gussman, Angga Aldilla; Hafrida, Hafrida; Usman, Usman; Lasmadi, Sahuri; Sudarti, Elly; Rahayu, Sri
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 Gussman, Angga Aldilla; Usman, Usman; Sudarti, Elly; Lasmadi, Sahuri; Liyus, Herry
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.
The Integrity Crisis of State Apparatus: A Criminal Law Study of Systemic Corruption Practices Gussman, Angga Aldilla
Ipso Jure Vol. 3 No. 2 (2026): Ipso Jure - March
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/q7g05591

Abstract

Corruption, as an extraordinary crime, has developed into a systemic practice that threatens the integrity of state officials and weakens governance. The main problem in eradicating corruption lies not only in law enforcement but also in normative weaknesses, particularly the vagueness of norms regarding the element of "abuse of authority." This study aims to analyze how the vagueness of norms in criminal law on corruption contributes to the development of systemic corruption and its implications for the integrity crisis of state officials. The research method used is normative legal research with a statutory, conceptual, and case-based approach, through an analysis of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 as well as related doctrines and court decisions. The results show that the vagueness of norms regarding the element of abuse of authority gives rise to multiple interpretations in judicial practice, which has implications for disparate decisions, inconsistent law enforcement, and the emergence of the phenomenon of policy criminalization and impunity. This condition weakens the effectiveness of corruption eradication and is unable to create an optimal deterrent effect. Furthermore, these substantive weaknesses in the law are correlated with the weak integrity of state officials within the judicial system, thus reinforcing the systemic nature of corruption. Therefore, a reformulation of criminal law norms on corruption is needed that is firmer and more in harmony with administrative law, as well as strengthening the integrity of state officials to achieve legal certainty, justice, and legal benefits in eradicating corruption.
Co-Authors Hafrida Liyus, Herry Sahuri Lasmadi SRI RAHAYU Sudarti . Usman Usman