Optimization of the criminal legal system: A reconstruction of additional sentences as substitute for replacement money for corruption in Indonesia

This is a normative study with the main objective of reconstructing the regulation of prison sentences as an additional penalty in the Eradication of Crime of Corruption Act (ECCA). It focused on achieving objective law through certainty, justice, and expediency. The findings of the study identify several problems related to the regulations in prison sentences as a replacement for additional sentences. For the payment of replacement money, a fine is neither normative nor practical. This nonconformity with the objectives of law, including certainty, justice, and expediency, highlights the necessity for the reconstruction of existing regulations. The reconstruction approach involves a comprehensive analysis of various aspects of existing problems in regulations and their implementation in prison sentences as a substitute for the additional penalty of replacement money. As a result, some additional regulations are proposed to overcome the obscurity of prison sentences as a substitute for the additional penalty of unpaid replacement money as regulated in the ECCA that prevails at this moment.

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Publication Details

Journal
Edelweiss Applied Science and Technology
Published
2025-02-19
DOI
https://doi.org/10.55214/25768484.v9i2.4903
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Optimization of the criminal legal system: A reconstruction of additional sentences as substitute for replacement money for corruption in Indonesia

Hartiwiningsih Hartiwiningsih, Henderina Malo, Sulistyanta Sulistyanta
Edelweiss Applied Science and Technology
Indonesian Legal and Regulatory Studies
article

Optimization of the criminal legal system: A reconstruction of additional sentences as substitute for replacement money for corruption in Indonesia

Hartiwiningsih Hartiwiningsih, Henderina Malo, Sulistyanta Sulistyanta
article en

Abstract

This is a normative study with the main objective of reconstructing the regulation of prison sentences as an additional penalty in the Eradication of Crime of Corruption Act (ECCA). It focused on achieving objective law through certainty, justice, and expediency. The findings of the study identify several problems related to the regulations in prison sentences as a replacement for additional sentences. For the payment of replacement money, a fine is neither normative nor practical. This nonconformity with the objectives of law, including certainty, justice, and expediency, highlights the necessity for the reconstruction of existing regulations. The reconstruction approach involves a comprehensive analysis of various aspects of existing problems in regulations and their implementation in prison sentences as a substitute for the additional penalty of replacement money. As a result, some additional regulations are proposed to overcome the obscurity of prison sentences as a substitute for the additional penalty of unpaid replacement money as regulated in the ECCA that prevails at this moment.

Edelweiss Applied Science and TechnologyVol. 9(2)
Sebelas Maret University (ID)
Openalex Percentile: Top 96%
Indonesian Legal and Regulatory Studies
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