EFEKTIVITAS PEMIDANAAN TINDAK PIDANA KORUPSI: TELAAH KOMPARATIF ANTARA UNDANG-UNDANG TIPIKOR DAN UNDANG-UNDANG NOMOR 1 TAHUN 2023

Abstract

This study examines the effectiveness of criminal sanctions against corruption in Indonesia through a comparative review between the Anti-Corruption Law (UU Tipikor) and the 2023 Indonesian Criminal Code (KUHP). Using a Systematic Literature Review (SLR) method, the research analyzes various legal sources and recent empirical studies. Findings reveal that the codification of corruption offenses in KUHP 2023 introduces significant changes, particularly reducing the minimum prison sentences and fines, which may weaken deterrent effects against corruption. Although codification aims to harmonize and humanize criminal law, corruption’s status as an extraordinary crime requires special treatment through firm sanctions. Beyond legal norms, the effectiveness of criminal sanctions also depends on institutional factors, human resource quality, and law enforcement independence. The study recommends reinforcing the lex specialis principle in corruption criminal policy to ensure its alignment with Indonesia’s needs for fair and effective law enforcement.