The Urgency of Reformulating the Handling of Petty Corruption through a Peaceful Fine Scheme in Indonesia

Petty corruption is a form of corruption with relatively small state losses, but still contributes to the formation of a systemic culture of corruption. Law enforcement in Indonesia against this type of crime has tended to employ a uniform retributive approach, without considering the value of the loss and the severity of the offense. As a result, there are inequalities in court decisions and inefficiencies in case handling costs. This research employs a normative juridical method, combining a conceptual and case-based approach, to examine the handling of petty corruption from the perspective of substantive justice and the urgency of implementing an amicable fine mechanism (schikking). The results show that the amicable fine mechanism can be an effective and fair solution in handling petty corruption cases. In addition to encouraging the return of state losses quickly and efficiently, this approach is also in accordance with the principle of restorative justice which prioritizes recovery over retribution. For this reason, legal reconstruction is needed, which includes revising Article 4 of the Anti-Corruption Law and strengthening the legality of schikking, so that it can be formally applied to petty corruption cases in Indonesia.

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Publication Details

Journal
Al-Jinayah Jurnal Hukum Pidana Islam
Published
2025-06-29
DOI
https://doi.org/10.15642/aj.2025.11.1.62-76
Citations
1
Primary Topic
Legal and Policy Analysis in Indonesia
Type
article
Field-Weighted Citation Impact
15.98
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article

The Urgency of Reformulating the Handling of Petty Corruption through a Peaceful Fine Scheme in Indonesia

Andi Marlina, Anugrah Ramadhani, Donny Eddy Sam Karauwan, Achmad Juanedy
1 citations
Al-Jinayah Jurnal Hukum Pidana Islam
Legal and Policy Analysis in Indonesia
15.98
article

The Urgency of Reformulating the Handling of Petty Corruption through a Peaceful Fine Scheme in Indonesia

Andi Marlina, Anugrah Ramadhani, Donny Eddy Sam Karauwan, Achmad Juanedy
article en
1 citations

Abstract

Petty corruption is a form of corruption with relatively small state losses, but still contributes to the formation of a systemic culture of corruption. Law enforcement in Indonesia against this type of crime has tended to employ a uniform retributive approach, without considering the value of the loss and the severity of the offense. As a result, there are inequalities in court decisions and inefficiencies in case handling costs. This research employs a normative juridical method, combining a conceptual and case-based approach, to examine the handling of petty corruption from the perspective of substantive justice and the urgency of implementing an amicable fine mechanism (schikking). The results show that the amicable fine mechanism can be an effective and fair solution in handling petty corruption cases. In addition to encouraging the return of state losses quickly and efficiently, this approach is also in accordance with the principle of restorative justice which prioritizes recovery over retribution. For this reason, legal reconstruction is needed, which includes revising Article 4 of the Anti-Corruption Law and strengthening the legality of schikking, so that it can be formally applied to petty corruption cases in Indonesia.

Al-Jinayah Jurnal Hukum Pidana IslamVol. 11(1)
Institut Sains dan Teknologi Terpadu Surabaya (ID), Institut Agama Islam Negeri Bengkulu (ID), Institut Agama Islam Negeri Parepare
Openalex Percentile: Top 2%
Legal and Policy Analysis in Indonesia
15.98
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The Urgency of Reformulating the Handling of Petty Corruption through a Peaceful Fine Scheme in Indonesia — Andi Marlina, Anugrah Ramadhani, et al. · Al-Jinayah Jurnal Hukum Pidana Islam (2025) | TGRS Research Map | TGRS