Reformulation of Indonesia’s Anti-Corruption Sentencing Policy through a Progressive Human Rights Approach to the Complexity of Corruption Eradication

Abstract

This study aims to analyze the effectiveness of corruption sentencing policies in Indonesia and to formulate their reform direction through a progressive human rights approach in addressing the complexity of corruption eradication. The research employs a qualitative method with a normative juridical research design, enriched by conceptual analysis and case studies of court decisions. This method and design were selected as they allow for an in-depth examination of legal norms, sentencing practices, and policy orientations without reliance on quantitative measurement. The research focuses on the Indonesian national legal context through an analysis of statutory regulations and judicial decisions on corruption offenses. To strengthen the analysis, the study involves five key informants consisting of criminal law academics, judicial practitioners, and human rights law experts, purposively selected based on their competence in sentencing and anti-corruption policy. The findings indicate that sentencing policies predominantly based on repressive approaches and imprisonment-oriented deterrence have not been sustainably effective and have failed to optimally restore public rights. This study recommends a reformulation of sentencing policy based on a society-centered sentencing framework, emphasizing the optimization of additional penalties, asset recovery, and the integration of preventive strategies to enhance the protection of public rights and the legitimacy of anti-corruption policies.