Nurani Hukum : Jurnal Ilmu Hukum
Vol 8, No 1 (2025): Assessing National and International Perspectives on Justice and Legal Protectio

Disharmony of Norms and Application of Punishment of Perpetrators of Assisting (Medeplichtige) Corruption Crimes in Indonesia

Ansori, Ansori (Universitas Brawijaya)
Sugiri, Bambang (Universitas Brawijaya)
Aprilianda, Nurini (Universitas Brawijaya)
Noerdajasakti, Setiawan (Universitas Brawijaya)



Article Info

Publish Date
04 Jun 2025

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.

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Journal Info

Abbrev

nhk

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Nurani Hukum : Jurnal Ilmu Hukum Nurani Hukum : Jurnal Ilmu Hukum also known as Nurani Hukum is national peer review journal on legal studies. The journal aims to publish new work of the highest calibre across the full range of legal scholarship, which includes but not limited to works in the law ...