Legal Reconstruction of Corruption Act in Indonesia to Realize a Just Law Enforcement

Abstract

The main problem studied in this research is what are the weaknesses in the Enforcement of Corruption Act in Indonesia and how the legal construction based on justice value using a constructivism paradigm with a sociological juridical approach to solve research problems by examining secondary data and primary data by finding the legal reality experienced in the field as well as qualitative descriptive methods, namely where the data obtained are then arranged systematically so that a comprehensive picture will be obtained, where later the data will be presented descriptively. The Result Shows that The weaknesses of criminal justice regulations against corruption in the Indonesian legal system consist of the Substance Factors of the Supreme Court Law No. 1 of 2020 only limit the scope of application of Article 2 and Article 3 of the Law, The Legal Structure Factor, namely the composition of the Corruption Court judges, which consists of career judges and ad hoc judges, often does not focus on handling corruption cases because there are career judges who also handle other cases, And then The legal culture factor, that is the attitude of the people who regard corruption cases as a thing of the past and ignorant, the strong culture of reluctance. In order to tackle this, It is necessary to reconstruct the criminal justice regulations against corruption in order to realize fair law enforcement, namely through the establishment of a new permanent expansion of PERMA No. 1 of 2020 concerning Guidelines for the Criminalization of Article 2 and Article 3 of the Corruption Law in order to better reach other articles of corruption and reconstruct Article 10 paragraph (5) of Law No. 46 of 2009 concerning the Corruption Act Court to "The term of office of ad hoc judges is for a period of 5 (five) years and is proposed to be reappointed every 5 (five) years by the Supreme Court".