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27 J.L. Pol'y & Globalization 57 (2014)
The Principle of Justice in the Sentencing of Corruption Offenders

handle is hein.journals/jawpglob27 and id is 65 raw text is: 


Journal of Law, Policy and Globalization                                                        wwwiisteorg
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol.27, 2014                                                                                           IISE


         The Principle of Justice in the Sentencing of Corruption
                                              Offenders


                       Sri Muryanto1, Koesno Adi2, Masruchin Ruba'i3, Amiruddin4
Abstract
Justice or just is actually an abstract feeling, but it is perceived as a real and visible matter by individuals or
group. There is neither perfect justice nor pure nor sure, except the justice made by God the Almighty as the
ruler of the universe.
This journal focuses on corruption which is a latent danger that needs special attention in its handling. Indonesia
is a state law with Pancasila as its fundamental ideology giving full mandate to law enforcement officials to
enforce the truth and justice.
To handle corruption cases, extraordinary measures are needed along with justice principle based on the
Pancasila prioritizing the principle of equality before the law. There is not an exception on who the offender is
and how the sentence is imposed.
The reason of why the writers write the journal of which tittle is The Principle of Justice in the Sentencing of
Corruption Offenders is that the we would like to establish an unbeatable theory that the sentencing on the
corruption offender is not merely about the maximum sentence that can be applied proportionally, but also an
effort to create proportional justice for all parties without hurting the heart of the public and this is aimed at
avoiding extreme disparity in the application of laws in the judges' verdicts on cases with similar legal violations.
Keywords: Justice Principle, Sentencing, Consideration

1. Introduction
Justice is generally interpreted as a just conduct or a just treatment. On the other hand, being just means being
impartial and to take the side of the right party. According to philosophical study, justice requires two elements,
first: it does not bring disadvantage on an individual and second: proper treatment to individuals according to
their respective rights. If the two principles can be fulfilled, justice can be realized.5
Corruption as a crime etymologically originates from Latin words: corruptio or corruptus. The word is
later adopted into some European language's, such as English and French: corruptionand Dutch : korruptie
Indonesian adopts the word and it becomes korupsi. 6
As the previous paragraph explains, corruption etymologically originates from the Latin: corruptio or corruptus
meaning destructive, dishonest and can be bribed. Corruption also means crime, cunning, immoral and evil. It
also refers to misconducts, such as money embezzlement, bribery and so on. On the other hand, according to the
Grand Dictionary of Indonesian (Large Dictionary Indonesian), corruption means ugly, foul, damaged, like using
goods (money) trusted to her/ him, easy to be bribed for misusing the power, misconducts or embezzlement
(state's money or company's money) for personal purpose or the interest of other individual.7
Philosophically, corruption is motivated by two aspects. First, intrinsic motivation that is the drive for
satisfaction created by corruption. In this case, the offender feels satisfied and comfortable when the corruption
is successfully committed. In the next stage, corruption becomes a lifestyle, habit and acceptable tradition.
Second, extrinsic motivation, which is the stimulating element of corruption, comes from outside the offender
himself/ herself and it does not attach to the offender. Some motivations of this category are economical
motivation, ambition for achieving certain position in the career of an individual, obsession for improving the
quality of life or improving one's career by using a shortcut.8 In order to realize the just, prosperous and wealthy
community based on the Pancasila five principles and the 1945 Constitution, the corruption eradication has not
achieved the optimum level. Therefore, the eradication of corruption needs to be professionally, intensively and

1 Student of Doctorate Program in Laws, Faculty of Law, Brawijaya University, Indonesia
2 Professor of Criminal Law, Faculty of Law, Brawijaya University, Indonesia
3 Professor of Criminal Law, Faculty of Law, Brawijaya University, Indonesia
4 Doctor of Criminal Law, Faculty of Law, Mataram University, Indonesia
5 Arsyad Sanusi, Substantive Justice and Enforcement Problems, Article in Varia Justice, Law No. Magazine. 288
June 2009. p. 35
6 Andi Hamzah, Glare-Glare Spread outside the Criminal Code with Comments, Pradnya Paramita, Jakarta, 1982,
p. 11.
7 Alfitra, Law of Evidence in Criminal Proceedings, Civil and Corruption in Indonesia, Asa Achieve Success, Depok,
2011, p 146.
8 Ibid, p. 146-147.

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