Proceedings of the 3rd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2022)

Fostering Prisoners of Restorative Corruption Crimes

Authors
Gialdah Tapiansari Batubara1, *, Rd Dewi Asri Yustia1, Tia Ludiana1
1Universitas Pasundan, Bandung, Indonesia
*Corresponding author. Email: gialdah.tapiansari@unpas.ac.id
Corresponding Author
Gialdah Tapiansari Batubara
Available Online 25 January 2023.
DOI
10.2991/978-2-494069-93-0_28How to use a DOI?
Keywords
Coaching; Convicts; Corruption; Restorative Justice
Abstract

The accountability of corruption crimes in Indonesia mostly leads to prison sanctions. Placing perpetrators of corruption crimes in prisons is not the best way out in solving corruption. The guidance of corruption convicts in prisons carried out by the state is essentially an embodiment of justice that aims to make lawbreakers aware of their mistakes, able to improve themselves, not repeat bad deeds, be accepted back in society and have a prefence effect for other potential lawbreakers. But empirical facts reveal that the coaching that the state does to prisoners of corruption crimes has little contribution to a better life, so it is not optimal to realize the purpose of coaching. Although many people were penalized by numerous new corruption cases, corruption did not show a decline. The majority of the offenders are competent, and corruption crimes differ from conventional crimes in their nature and method of operation. They also involve specific networks and circles, sector collaboration (including the business and tourism sectors), and money laundering and other criminal acts. Therefore, there must be a remarkable and all-encompassing effort made to avoid corruption and the growth of those who commit corruption crimes. The way coaching is now done needs to be changed to include the community as indirect victims of corruption offenses through the application of the restorative justice coaching model. The Criminal Code Bill provides for an alternative criminal system (with social work punishment and monitoring) that takes into account this idea, although Law No. 12 of 1995 on Correctional Services does not. Changes must be made to the corruption crime convicts’ community-based, rather than prison-based, training. Guidelines for restorative justice are designed expressly for certain criminal offenses, namely those whose “effect” can still be remedied in order to bring the “damaged” situation back to a state that is similar to how it was before. Corruption crimes should be included in this qualification. Corruption should not be a crime punishable by imprisonment. The effects on victims should be improved by those who commit corruption offences (society). Corruption is a crime that hurts society as well as the nation. The requirements of the community as victims of corruption crimes are frequently not the major focus of the healing process. The method of repairing the situation that has been harmed by corruption is not directly involving the community. The community is the setting where the formation of corrupt criminals must take place. If the development is still given over to the state through prisons, it will have a long-lasting impact on the state, notably for state finances and have an impact on society. In order to optimize asset returns, achieve coaching goals, and ultimately achieve the aims of general national law development, the system of coaching corruption convicts must be improved by regulation and application of restorative justice guidelines.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 3rd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2022)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
25 January 2023
ISBN
10.2991/978-2-494069-93-0_28
ISSN
2352-5398
DOI
10.2991/978-2-494069-93-0_28How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

TY  - CONF
AU  - Gialdah Tapiansari Batubara
AU  - Rd Dewi Asri Yustia
AU  - Tia Ludiana
PY  - 2023
DA  - 2023/01/25
TI  - Fostering Prisoners of Restorative Corruption Crimes
BT  - Proceedings of the 3rd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2022)
PB  - Atlantis Press
SP  - 235
EP  - 244
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-93-0_28
DO  - 10.2991/978-2-494069-93-0_28
ID  - Batubara2023
ER  -