Social Work Sanctions: The Idea of Reforming the Criminal Law for Eradication of Corruption in Indonesia

Abstract

This article examines social work sanctions as the primary punishment for perpetrators of corruption. Various policies on eradicating corruption in Indonesia have yet to create a deterrent effect or prevent acts of corruption. Corruption in Indonesia is systemic and endemic, so it is detrimental to state finances and violates peoples social and economic rights. This study uses a normative juridical method with a conceptual approach and a statutory approach. The conceptual process is carried out through a literature study, while the statutory procedure is carried out by analyzing the rules related to eradicating corruption in Indonesia. Applying such severe sanctions does not guarantee a deterrent effect for corruptors. Instead, corrupt convicts receive preferential treatment when serving prison sentences in prison. Social work sanctions are constructed as the primary punishment for corruption perpetrators, which are imposed cumulatively and are applied together with other main penalties such as imprisonment and fines. Concretely, social work sanctions as the primary punishment are that the convict is given a social work project according to his expertise. In carrying out social work, the convict must use unique attributes. The convict will voluntarily carry out social work sanctions by the time determined based on a court decision. If the convict is negligent in carrying out the social work sanctions, he will be given an extension of time, but if the target has not been reached, the convict must replace it with a fine by the number of state losses. The implementation of social work sanctions is supervised by investigators, prosecutors, supervisory judges, and correctional institutions.