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Changes in Minimum Criminal Sanctions for Corruption Offenses in the National Criminal Code Based on the Perspective of the Purpose of Punishment

Law Research Review Quarterly · Vol. 11 No. 4 (2025) · pp. 1144–1176

DOI
10.15294/lrrq.v11i4.42675
ISSN
2716-3415
Published
2025-11-30
Publisher
Universitas Negeri Semarang
Language
eng

Abstract

The National Criminal Code brings about a paradigm shift in punishment from retributive justice to restorative justice, which emphasizes recovery. Through the process of recodification of criminal law, a number of provisions on corruption in the Anti-Corruption Law were revoked and re-regulated in the National Criminal Code. However, the new regulations have sparked debate due to changes in the minimum prison sentence. There are concerns that this change will weaken the severity of criminal punishment for corruption, which has been understood as a crime that harms the public interest. Based on this background, this paper examines the factors behind the changes to the minimum criminal sanctions for corruption in the National Criminal Code and analyzes these changes from the perspective of the objectives of criminal punishment in Indonesia. This study uses the normative legal research method (doctrinal research) with a statute approach and a conceptual approach. The results of the discussion show that the changes in minimum criminal sanctions were driven by a number of factors, including philosophical, sociological, and juridical factors. The objectives of punishment in the National Criminal Code are aimed at protecting the community and rehabilitating perpetrators, the changes to the minimum penalties for corruption, although designed to create balance, tend to shift the focus towards rehabilitation, thereby risking weakening the protection of society if not accompanied by the recovery of state losses, the application of additional sanctions, consistency in verdicts, and improvements to the rehabilitation system, which still faces structural and cultural problems.

Keywords

Collaboration network of the authors

40 authors · 129 co-authorship links · showing the 40 most connected

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  • State University of Semarang
  • Affiliation unknown
  • Different organisations
  • Same organisation
  • Affiliation unknown
  • Thicker line = more joint articles · bigger circle = more articles
Show as table
Co-authorOrganisationJoint articles
Ali MasyharAffiliation unknown6
Wildan Azkal FikriAffiliation unknown5
Dede IndraswaraAffiliation unknown4
Ridwan ArifinAffiliation unknown4
Anis WidyawatiAffiliation unknown3
Ratih DamayantiAffiliation unknown3
Irma CahyaningtyasAffiliation unknown3
Nadhira Madania DimartiAffiliation unknown2
Rasdi RasdiAffiliation unknown2
Adrian HadiputraAffiliation unknown2
Ikram AmrullahAffiliation unknown2
Hibatullah MaajidAffiliation unknown2
Rodiyah RodiyahAffiliation unknown2
Putri Balqis Nuril HakimAffiliation unknown2
Ahmad Gelora MahardikaAffiliation unknown2
PujiyonoAffiliation unknown2
Diandra Preludio RamadaAffiliation unknown2
Firsta Rahadatul 'AisyAffiliation unknown2
Mulyo WidodoAffiliation unknown2
Siti MursidahAffiliation unknown2
‪Eram Tunggul Pawenang‬State University of Semarang1
Muhammad AzamAffiliation unknown1
Yustina Dhian NovitaAffiliation unknown1
Muhamad Helmi Md SaidAffiliation unknown1
Sonny Saptoajie WicaksonoAffiliation unknown1
Indung WijayantoState University of Semarang1
Angga AnggaAffiliation unknown1
Calvin CameronAffiliation unknown1
Cahya WulandariState University of Semarang1
Aisyah Nur RafidahAffiliation unknown1
Kukuh Satria WiratamaAffiliation unknown1
Shofriya Qanitatin AbidahAffiliation unknown1
Quinny Azalia PutriAffiliation unknown1
Heri PurwantoAffiliation unknown1
Didik PurnomoAffiliation unknown1
Bhanu Prakash NunnaAffiliation unknown1
Bagus Hendradi KusumaAffiliation unknown1
Indah Sri UtariAffiliation unknown1

Affiliations come from OpenAlex; journal OAI-PMH metadata carries none. Authors without an OpenAlex ID are matched by name, which can merge or split people.

Metadata source: OAI-PMH (metadata jurnal) https://journal.unnes.ac.id/journals/snh/oai, first harvested 6 Nov 2026, last seen 6 Nov 2026.
Original metadata (oai_dc) 
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	<dc:title xml:lang="en">Changes in Minimum Criminal Sanctions for Corruption Offenses in the National Criminal Code Based on the Perspective of the Purpose of Punishment</dc:title>
	<dc:creator xml:lang="en">Imelia Damai Agusthin</dc:creator>
	<dc:creator xml:lang="en">Muhammad Azil Maskur</dc:creator>
	<dc:subject xml:lang="en">Special Minimum Penalties; Corruption Crimes; National Criminal Code; Purpose of Punishment</dc:subject>
	<dc:description xml:lang="en">The National Criminal Code brings about a paradigm shift in punishment from retributive justice to restorative justice, which emphasizes recovery. Through the process of recodification of criminal law, a number of provisions on corruption in the Anti-Corruption Law were revoked and re-regulated in the National Criminal Code. However, the new regulations have sparked debate due to changes in the minimum prison sentence. There are concerns that this change will weaken the severity of criminal punishment for corruption, which has been understood as a crime that harms the public interest. Based on this background, this paper examines the factors behind the changes to the minimum criminal sanctions for corruption in the National Criminal Code and analyzes these changes from the perspective of the objectives of criminal punishment in Indonesia. This study uses the normative legal research method (doctrinal research) with a statute approach and a conceptual approach. The results of the discussion show that the changes in minimum criminal sanctions were driven by a number of factors, including philosophical, sociological, and juridical factors. The objectives of punishment in the National Criminal Code are aimed at protecting the community and rehabilitating perpetrators, the changes to the minimum penalties for corruption, although designed to create balance, tend to shift the focus towards rehabilitation, thereby risking weakening the protection of society if not accompanied by the recovery of state losses, the application of additional sanctions, consistency in verdicts, and improvements to the rehabilitation system, which still faces structural and cultural problems.</dc:description>
	<dc:publisher xml:lang="en">Universitas Negeri Semarang</dc:publisher>
	<dc:date>2025-11-30</dc:date>
	<dc:type>info:eu-repo/semantics/article</dc:type>
	<dc:type>info:eu-repo/semantics/publishedVersion</dc:type>
	<dc:format>application/pdf</dc:format>
	<dc:identifier>https://journal.unnes.ac.id/journals/snh/article/view/42675</dc:identifier>
	<dc:identifier>10.15294/lrrq.v11i4.42675</dc:identifier>
	<dc:source xml:lang="en">Law Research Review Quarterly; Vol. 11 No. 4 (2025): Articles in press; 1144-1176</dc:source>
	<dc:source>2716-3415</dc:source>
	<dc:source>10.15294/llrq.v11i4</dc:source>
	<dc:language>eng</dc:language>
	<dc:relation>https://journal.unnes.ac.id/journals/snh/article/view/42675/8517</dc:relation>
	<dc:rights xml:lang="en">Copyright (c) 2025 Law Research Review Quarterly</dc:rights>
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