Legal Certainty and Norms Conflict of Corruption In Indonesia: A Reflection in Legal Reform of Corruption Eradication
Ratna Nurhayati, Seno Wibowo Gumbira, Kukuh Tejomurti, Abdul Kadir Jaelani, Irawati Handayani
This article examines the effectiveness of criminal acts of corruption in Indonesia due to the influence of overlapping and over-criminalization between regulations, too general and the high complexity of the formulation of article regulations related to criminal acts of corruption which resulting in judicial processes which are considered to still lack of legal certainty due to varying legal interpretations. This article uses socio-legal research using the statute approach, case approach, and comparative approach. The results of the study illustrate that there is an urgency to revise the current corruption law because Indonesia as a party of the United Nations Convention Against Corruption (UNCAC) should refer to the convention namely the state loss element which is not included as one of the elements in corruption and various interpretations of the law, namely the existence of several cases where people were prosecuted for corruption due to administrative errors, which it was also judged by the Constitutional Court to contradict Article 28D Clause (1) of the 1945 Constitution related to guarantees, protections, and fair legal certainty and appropriate treatment also the same treatment before the law.