The Indonesian Anti Corruption Act perceives corruption is not only related to state financial loss, but also as a violation of economic and social rights. However, the formulation of penal system and corruption judicial decisions ignores this philosophical framework. Forms of criminal sanction and their impositions merely consider the rights of a suspect and eliminate the economic and social rights of the society as a whole. These also reflect in the corruption judicial decisions where corruption cases become the scope of criminal law. The paper analyses deeply the factors why the dimension of human rights violations resulted from corruption is eliminated in the Indonesian penal system and corruption judicial decision. Furthermore, it examines the implication of the framework of corruption as human rights violation to the formulation of penal system and corruption judicial decision. The methodology employed in the research is library research and deep interview, while the approach used in the research is conceptual. The paper is both empirical and normative research. This research reveals that the framework of corruption as a human rights violation changes the paradigm of Indonesian penal system and corruption judicial decision.
Mahrus Ali, Universitas Islam Indonesia/Indonesia Endowment Fund for Education, Indonesia
Stream: Law 6. Law of Human Rights and Social Justice
This paper is part of the ECPEL2016 Conference Proceedings (View)
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