The Urgency of Applying the Concept of Restorative Justice by the State Attorney in Corruption Crimes

Abstract

Corruption is not only a crime that harms state finances, but can have an impact on all development programs, low quality of education, low quality of buildings. in 2021 Indonesia got a score of 38/100 and is ranked 96 out of 180 countries surveyed based on Corruption Perception Index. The rampant corruption that still occurs proves that the handling system for now has not become the main character. It concluded that repressive enforcement patterns such as Hand Capture Operations are not sufficient to eradicate corruption as expected by the public. There needs to be an evaluation of the direction of punishment objectives in eradicating corruption so that the application of punitive sanctions and efficiency cost can realize the goals to be achieved. This study aims to answer the formulation of the problem regarding what urgency the concept of restorative justice for criminal acts of corruption if apply by the State's Attorney and what are the advantages and disadvantages when the restorative justice approach is applied by the State's Attorney in handling corruption cases. This research is an normative research, which uses primary legal material and secondary legal material with conceptual and statutory approaches, data obtained through literature studies, interviews, and document studies. afterwards, the researcher found that there are urgency for applying this restorative came from the urgency from law about eradicating, prevent and solving, the urgency from attorney, the urgency from criminal sanction pattern, and the urgency from the victim. then, the author finds a result of advantage and disadvantage when the restorative justice is applied in acts of corruption. In advantages scope consist of perspective of economic sector, and minimize judicial mafia practise. And from disadvantages scope consist of potentially abusing power and affect of deterrent effect of offender. This research recommends and suggests that it should be considered by all parties who have the authority to implement this concept of restorative justice.