TINJAUAN YURIDIS PENURUNAN SANKSI PIDANA PENJARA TINDAK PIDANA KORUPSI DALAM UNDANG-UNDANG NOMOR 1 TAHUN 2023 TENTANG KITAB UNDANG-UNDANG HUKUM PIDANA

Abstract

Corruption has been considered a phenomenon that is difficult to overcome in
the history of the Indonesian nation, so there should be no compromise whatsoever
with corruption. Indonesia should apply the Zero Tolerance principle for
corruptors. In the new Criminal Code which was passed into law on January 1
2023, there are significant changes regarding the specific minimum threat of
imprisonment for criminal acts of corruption. This threat is regulated in Article
603, which is an improvement on Article 2 paragraph (1) of the Corruption
Eradication Law which was previously in force. The minimum threat stipulated in
Article 603 turns out to be lower than that stated in the previous regulations,
especially in Article 2 paragraph (1), which is the mainstay article in prosecuting
corruption cases.
This research is classified as a normative juridical research type. The data
used is primary data and secondary data consisting of primary legal materials,
secondary legal materials and tertiary legal materials. The data collection
technique uses the literature review method, namely presenting and analyzing data
from several sources such as laws, draft laws, books and opinions of criminal law
experts. This research was then analyzed descriptively qualitatively. The conclusion
drawing technique used is a deductive mindset.
The results of this research are that the threat of minimum criminal
sanctions for perpetrators of corruption is lighter, motivated by a change in the
paradigm for eradicating corruption. Corruption perpetrators should not be
subject to high prison sentences, but rather with additional penalties in the form of
confiscation of all assets of those involved in corruption crimes resulting from
corruption crimes. This is in accordance with legal principlesIt is not expedient for
the asas to be evil, namely that the perpetrator of the crime must not enjoy the
proceeds of his crime.
Keywords : Corruption, State Losses, Recovery Assets