DYNAMICS OF LAW ENFORCEMENT AGAINST CORRUPTION CRIMINAL ACTS IN INDONESIA ANALYSIS STUDY OF LAW NO. 31 YEAR 1999 JO. LAW NO. 20 YEAR 2001
Keywords:
Legal Protection, Sexual Violence, TPKS Law, Victims' RightsAbstract
Corruption is an extraordinary crime that has a broad impact on economic stability, public trust, and the legal system in Indonesia. Efforts to eradicate corruption have been regulated in Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption (UU Tipikor), which provides a legal basis for taking action against perpetrators of corruption, both individuals and corporations. However, even though regulations have been strictly formulated, the effectiveness of law enforcement still faces various complex obstacles. This study aims to analyze the dynamics of law enforcement against criminal acts of corruption in Indonesia and to assess the effectiveness of existing regulations in providing a deterrent effect for perpetrators.
The research method used is normative juridical, with a statute approach and comparative legal analysis. The results of the study indicate that several main factors that weaken law enforcement in corruption cases are political intervention, inconsistent sentencing, weak asset recovery mechanisms, and lack of transparency in the judicial process. One of the fundamental problems is the overlapping authority between the KPK, the Attorney General's Office, and the National Police, which causes ineffectiveness in investigating and prosecuting corruption cases. In addition, the practice of remission and parole for corruption convicts also reduces the preventive impact that should result from criminal punishment.
To improve the effectiveness of law enforcement, this study recommends strengthening the independence of law enforcement agencies, implementing a non-conviction based asset forfeiture mechanism, and improving the criminal justice system to ensure that corruptors receive appropriate punishment. With more assertive and transparent reforms, it is hoped that Indonesia can create a clean government system that is free from corrupt practices
References
Antoni, H., Ul Hosnah, A., & Simanjuntak, ACA (2022). Legal Protection for Victims of Sexual Violence against Children Based on Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence. Logika: Journal of Multidisciplinary Studies, 13(01), 10471.
Faizah, AF, & Hariri, MR (2022). Legal Protection for Victims of Revenge Porn as a Form of Online Gender-Based Violence Reviewed from Law Number 12 of 2022 Concerning Criminal Acts of Sexual Violence. Lex Generalis Law Journal, 3(7), 520–541.
Hidayati, NA, et al. (2022). Criminal Law Policy on the Protection of Victims of Sexual Violence in the Perspective of Criminal Law Reform. Journal of Justice Media Law, 13(2).
Iksan, M. (2017). The Principle of Legality in Criminal Law: A Comparative Study of the Principle of Legality in Indonesian Criminal Law and Islamic Criminal Law (Jinayah). Scientific Journal of Legal Policy, 11(1).
Mahmudah, Z., & Widiyarta, A. (2023). The Role of NGOs in Handling Victims of Sexual Violence. Journal of Public Policy, 14(2), 220.
Marzuki, I., & Siroj, MA (2023). Forced Marriage in the Context of Human Rights Studies and Sexual Violence Criminal Law. REUSAM: Journal of Legal Studies, 10, 215–226.
Mazumah, S. (2024). Breakthrough in Restitution as an Obligation of the Perpetrator in the Law on Sexual Violence Crimes. Journal of Law and Justice, 6(4), 11316–11320.
Nurisman, E. (2022). Report on the Challenges of Law Enforcement of Sexual Violence Crimes Following the Enactment of Law Number 12 of 2022. Journal of Indonesian Legal Development, 4(2), 170–196.
Paradiaz, R., & Soponyono, E. (2022). Legal Protection for Victims of Sexual Harassment. Journal of Indonesian Legal Development, 4(1), 61–72.
Risal, M. (2022). Legal Protection for Victims of Sexual Violence After the Enactment of the Law on Sexual Violence Crimes: Implementation and Effectiveness. Scientific Journal of Legal Policy, 11(1).
Sari, DP, et al. (2022). Legal Protection for Victims of Sexual Harassment According to the Perspective of Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence. Al-Qisth Law Review, 1(1), 16815.
Siregar, E., Rakhmawaty, D., & Siregar, ZA (2020). Sexual Violence Against Women: Reality and Law. PROGRESIF: Journal of Law, 14(1).
Soponyono, E. (2022). Legal Protection for Victims of Sexual Harassment. Journal of Indonesian Legal Development, 4(1), 61–72.
Sumandi. (2022). Prevention of Sexual Harassment/Violence. KPPN Klaten.
Sumera, M. (2013). Acts of Violence/Sexual Harassment Against Women. Lex et Societatis, 1.
Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence. (2022). Ministry of State Secretariat of the Republic of Indonesia.
Wadjo, H. (2022). Legal Protection for Victims of Sexual Violence in the Framework of Realizing Restorative Justice. Scientific Journal of Legal Policy, 6(1).
Yusyanti, D. (2020). Legal Protection for Child Victims of Perpetrators of Sexual Violence. Scientific Journal of Legal Policy, 20(4).
Downloads
Published
How to Cite
Conference Proceedings Volume
Section
License
Copyright (c) 2025 Teuku Heri Hermawan , T. Riza Zarzani
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
