Reconstruction of the Corruption Eradication Policy in the National Legal System Evaluation of the Effectiveness of Enforcement of Corruption Law Articles

Abstract

Corruption is a crime with widespread impacts on state finances, government integrity, and the quality of public services. Although Indonesia has a specific legal framework through the Corruption Eradication Law, effective law enforcement still faces challenges, particularly in the application of Articles 2 and 3, which regulate unlawful acts and abuse of authority. This study aims to analyze the effectiveness of these two articles and formulate a direction for the reconstruction of corruption eradication policies within the national legal system. The research method used is normative legal research with a statutory, conceptual, and case-based approach. The analysis shows that the element of unlawfulness in Article 2 has experienced a narrowing of meaning since the issuance of Constitutional Court Decision Number 003/PUU-IV/2006, thus limiting the interpretative space of law enforcement officials. Meanwhile, the element of abuse of authority in Article 3 often overlaps with the discretion of public officials, so stricter boundaries are needed to avoid criminalizing well-intentioned policies. Another problem arises in proving state losses, which is still debated whether it must be in the form of actual losses or can include potential losses. In addition to normative issues, law enforcement agencies also face challenges in coordination, independence, and limited capacity to prove modern corruption involving complex transactions and digital technology. Therefore, the reconstruction of anti-corruption policies must be directed at reaffirming the elements of the crime, harmonizing evidentiary standards, strengthening the professionalism of law enforcement officials, and increasing independence and coordination between institutions. Reform of evidentiary techniques such as forensic accounting, asset tracing, and the limited application of reverse burden of proof are crucial in addressing the development of contemporary corruption methods. Comprehensive reconstruction is expected to strengthen the effectiveness of corruption eradication and safeguard the public interest.