Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 24 No. 1 (2025): Pena Justisia

Corruption Punishment in the Spotlight of Public Ethics and Human Rights: Finding the Balance between Retribution and Humanity

Moh. Hasyim Asy’ari (Faculty of Law, Universitas Jambi)
Hafrida (Faculty of Law, Universitas Jambi)
Sahuri Lasmadi (Faculty of Law, Universitas Jambi)



Article Info

Publish Date
01 Jun 2025

Abstract

The punishment of corruption offenders in Indonesia has become a multidimensional issue that not only touches on legal aspects, but also concerns public ethics and human rights (HAM). The public demands severe punishment as a form of retributive justice and deterrent effect against perpetrators of corruption, while at the same time the state is obliged to maintain the principle of respect for human dignity, even for the defendant. This research aims to examine the practice of punishing corruptors in the frame of public ethics and human rights, and analyze the tension between retributive demands and humanitarian principles. The method used is a normative juridical approach using secondary data in the form of legislation, legal doctrine, and international conventions such as the ICCPR and UNCAC. This research examines the extent to which the practice of punishing corruption in Indonesia is consistent with the principles of proportionality, non-discrimination, and human dignity. The results show that the Indonesian punishment system is still dominated by a strong retributive approach, but is not yet fully aligned with humanitarian values and international human rights standards. The practice of punishment is often trapped in emotional public pressure, which risks ignoring the principle of due process of law and the protection of the basic rights of the defendant. The conclusion of this research is the need to formulate a more balanced and equitable model of punishment for corruptors, by integrating the values of public ethics, retributive justice, and the protection of human rights

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...