Sociological Analysis of Law on the Possibility of Implementing Restorative Justice in Corruption Crime Cases in Indonesia
Description
Indonesia's corruption eradication law still adheres to the paradigm of retributive justice in punishing the perpetrators of corruption, namely retaliation. Criminal retaliation arises because criminal law itself is built on the basis of indeterminism thinking which basically views humans as having free will to act. This retributive justice paradigm is certainly not in line with the big goal of eradicating corruption, which in turn becomes an obstacle to efforts to recover state assets through recovering state financial losses in corruption in Indonesia. Thus, the principle of Restorative Justice is needed which emphasizes the repair of losses caused or related to criminal acts carried out through a cooperative process that involves all parties (stakeholders). This paper uses a descriptive analytical research method by conducting a literature study, which collects various data and information about the possibility of applying Restorative Justice in cases of corruption in the perspective of the sociology of law.