Reintegrative Shaming: Strengthening of Punishment in the Criminal Policy of Corruption in Indonesia

DOI

10.2991/aebmr.k.200513.082How to use a DOI?

Keywords

corruption, criminalization, criminal policy, reintegrative shaming

Abstract

Statute, 20 of 2001 about Amendment of Statute, 31 of 1991 about Eradication of Corruption emphasizes criminal policy in punitive model, as imprisonment, fine, penalties for repayment of state losses and additional penalties. The punitive model cannot be used as a deterrent and shock therapy factor in the criminal policy in Indonesia. It reality, the Corruption Eradication Commission’s Annual Report shows that corruption in the form of gratuities increased in 2018 to 2,349 from 2017 to 1,897 and to 2016 by 1,948 cases. The Annual Report of the Indonesia Supreme Court shows that corruption cases in District Court in 2018 was 1,896, in 2017 there were 2,198 and in 2016 there were 2,362 cases. This gap underlies the formulation of problems related to weaknesses in punitive models and reintegrative shaming conceps as additional models in strengthening criminal policy for corruption. Based on the sociological legal approach with the use of secondary data (primary legal material) and analysis using the use of sociological theories, it shows that punitive model contain weaknesses in the form of criminal disparities and do not cause shame to the offenders, so the punitive model cannot be used as a shock therapy factor and entrapment. On the other hand, the reintegrative shaming is in the form of announcements of the offenders in the mass media and social services at the same time and does not cause criminal disparities. Based on this analysis, it is recommended to recommend a reintegrative shaming concept as an abstract reinforcement in the criminal policy of corruption, so there is a need for a revision of the corruption law.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Bambang Joyo Supeno
PY  - 2020
DA  - 2020/05/20
TI  - Reintegrative Shaming: Strengthening of Punishment in the Criminal Policy of Corruption in Indonesia
BT  - Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020)
PB  - Atlantis Press
SP  - 417
EP  - 421
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200513.082
DO  - 10.2991/aebmr.k.200513.082
ID  - Supeno2020
ER  -