Journal of Law, Human Rights, Immigration, and Corrections
Vol. 1 No. 1 (2025): Journal of Law, Human Rights, Immigration, and Corrections

The Failure to Execute Inkracht Verdicts: Political Protection, Legal Manipulation, and the Erosion of the Rule of Law: Gagalnya Eksekusi Putusan Inkracht: Proteksi Politik, Manipulasi Hukum, dan Erosi Wibawa Negara Hukum

Fahriza Hafiz (UIN Syarif Hidayatullah Jakarta)



Article Info

Publish Date
30 Oct 2025

Abstract

This study critically analyzes the failure to execute a final and binding criminal verdict (inkracht) in Indonesia, focusing on the high-profile case of Silfester Matutina (Supreme Court Decision No. 287 K/Pid/2019). Despite the verdict's finality since 2019, its non-execution until 2025 a six-year delay represents a fatal legal anomaly. Employing Gustav Radbruch’s Trias of Legal Values, the analysis reveals that the core principles of Legal Certainty (Rechtssicherheit) and Justice (Gerechtigkeit) have been subverted by a distorted notion of Expediency (Zweckmäßigkeit) serving political or group interests. The failure by the Prosecutor's Office to immediately execute the condemnatoir judgment, coupled with the erroneous tolerance of a non-suspensory appeal (Peninjauan Kembali), points to institutional collusion and political protection. The appointment of the convicted person as a BUMN Commissioner further exemplifies this 'sharp downwards, blunt upwards' justice. This systemic failure erodes judicial authority, undermines the rule of law, and creates a precedent of impunity, necessitating urgent institutional reform and strict accountability for state law enforcement.

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Journal Info

Abbrev

LAWRIC

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law, Human Rights, Immigration, and Corrections (LAWRIC) is a peer-reviewed academic publication that brings together interdisciplinary research and critical scholarship on legal frameworks, human rights issues, migration studies, and correctional systems. Issued three times a year in ...