Rekonstruksi Paradigma Penegakan Hukum Tindak Pidana Korupsi Di Bidang Bisnis

Abstract

This article aims to evaluate the law enforcement paradigm for criminal acts of corruption in the business sector. The problem focuses on law enforcement against criminal acts of corruption in the business sector in Indonesia today, as well as the ideal construction of overcoming criminal acts of corruption in the business sector. In order to answer these problems, this research uses a normative approach with qualitative analysis. Based on the results of the investigation and discussion, this study concludes that law enforcement against criminal acts of corruption in the business sector in Indonesia currently tends to be formally legalistic. Such law enforcement results in less than optimal recovery of state losses and makes the state "overdrawn" because the costs of handling cases are more significant than the state losses recovered. The ideal construction of overcoming criminal acts of corruption in the business sector requires a multidisciplinary approach by integrating non-penal penal processes that are not counterproductive to the development of business transactions. The non-penal process emphasizes prevention efforts, while the penal process emphasizes efforts to recover state losses using criminal, civil, and administrative legal instruments.