Proceedings of the 2nd International Conference on Fundamental Rights, I-COFFEES 2019, 5-6 August 2019, Bandar Lampung, Lampung, Indonesia

Research Article

Judicial Corruption: A Paradox of the Criminal Justice System in the Law Enforcement on Corruption Crime in Indonesia

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  • @INPROCEEDINGS{10.4108/eai.5-8-2019.2308666,
        author={Slamet  Haryadi and Nurlaili  Husna},
        title={Judicial Corruption: A Paradox of the Criminal Justice System in the Law Enforcement on Corruption Crime in Indonesia },
        proceedings={Proceedings of the 2nd International Conference on Fundamental Rights,  I-COFFEES 2019, 5-6 August 2019, Bandar Lampung, Lampung, Indonesia},
        publisher={EAI},
        proceedings_a={I-COFFEES},
        year={2021},
        month={6},
        keywords={crime; judicial corruption; criminal justice system},
        doi={10.4108/eai.5-8-2019.2308666}
    }
    
  • Slamet Haryadi
    Nurlaili Husna
    Year: 2021
    Judicial Corruption: A Paradox of the Criminal Justice System in the Law Enforcement on Corruption Crime in Indonesia
    I-COFFEES
    EAI
    DOI: 10.4108/eai.5-8-2019.2308666
Slamet Haryadi1,*, Nurlaili Husna2
  • 1: Faculty of Law and Social Science, Muhammadiyah University of Kotabumi, Indonesia
  • 2: Faculty of Law, University of Lampung, Bandar Lampung, Indonesia
*Contact email: slametharyadisukandar@yahoo.com

Abstract

The criminal justice system in Indonesia today illustrates a paradoxical situation in law enforcement on corruption. On the one hand, the society have great expectation that the criminal justice system can eradicate corruption, on the other hand, law enforcement officers such as national police investigator, public prosecutor, and judge, in their own way continue to weaken law enforcement by committing judicial corruption. The basic problem is how the natures of characters of judicial corruption crime that lead to the paradox of law enforcement on corruption are. Some of them are just formal procedure for implementing the law. This is the paradox of the criminal justice system in law enforcement on corruption in Indonesia. Judicial corruption has mostly affected law enforcement officers’ life by deviating from law enforcement. The results of the analysis, the natures of judicial corruption crime committed by law enforcement officers in the criminal justice system form mental constructions which tend to damage and weaken the law, namely: (1) disregard of the law, (2) cherry-picking, (3) limiting the legal’s reach, (4) narrowing the meaning of the law, (5) exploiting the severity of the sentence.