Proceeding International Conference Restructuring and Transforming Law
Vol. 4 No. 1 (2025): Proceeding International Conference Restructuring and Transforming Law

Imprisonment as A Subsidiary of Additional Penalty of Money Substitute for Corruption Crime: A Utility Perspective

Henderina Malo (Universitas Sebelas Maret)
H Hartiwiningsih (Universitas Sebelas Maret)
S Sulistyanta (Universitas Sebelas Maret)



Article Info

Publish Date
03 Jul 2025

Abstract

This normative legal research is conducted with the aim of analyzing the rules of imprisonment as a subsidiarity of additional compensation payments in the Corruption Crime Law which reflects the purpose of law as legal expediency. The research method used with several approaches, namely: legislative approach, conceptual approach and case approach. The results of this study found a number of problems regarding the provisions of imprisonment as a substitute for payment of restitution both at the level of the norm itself and in the implementation stage of the norm. In addition, the regulation of imprisonment as a substitute for restitution does not provide benefits as in Bentham's utilitarianism view. For the researchers, the regulation of imprisonment as a substitute payment does not pay attention to two important principles of the legislative process, namely the principle of proportionality and the principle of subsidiarity. The use of imprisonment as a substitute for additional payment of restitution is not effective in restoring state financial losses as expected by the legislator. This condition causes the legal provision to deviate from the purpose of law as legal benefit.

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Journal Info

Abbrev

icrtlaw

Publisher

Subject

Description

International Conference Restructuring and Transforming Law is a international conference to identify the transforming and restructuring law strategy for finally find solution based. In conclusion, the public had basic tendencies and patterns towards law have been revealed. A pandemic that is ...