Yuridika: Volume 38 No 1, January 2023 73
Restorative Justice for Corruption Cases the Settlement of
Corruption Cases: is it Possible?
Rizal Faharuddin and Jeferson Hakim
faharuddinrizal@gmail.com
Kejaksaan Republik Indonesia
Abstract
The Corruption Law of Indonesia regulate the return of the state’s losses sufered
by state shall not exclude the criminal acts performed by the perpetrators. In
practice, the state’s fnancial loss due to corruption is less than the cost of enforcing
the relevant law. Furthermore, a corruption case requires manpower and lengthy
process. Thus, the novel idea of settling minor state fnancial losses in corruption
cases by means of returning the losses is considered more efective when applied
with certain conditions. The research method of this study is normative judicial.
The data used are primary, secondary and tertiary. This study argues that the concept
of restorative justice could be applied to the settlement of corruption cases with
minor state fnance losses with certain conditions. The restorative justice approach
to handling cases of corruption emphasises the restoration of the original state of
afairs prior to the corruption, the application of restorative justice includes the
stoppage of cases in the examination, investigation, and prosecution stages by
considering the interest of the state, society, and other legal interests to be protected,
the avoidance of negative stigma and retaliation, as well as society’s response to
such as resolution.
Keywords: Corruption; Investigator; Prosecutor; Restorative Justice; State Losses.
Introduction
The Republic of Indonesia is currently accelerating economic development
in various sectors, including public infrastructure, energy and mineral resources,
economy, education, socio-culture.
1
In order to achieve the goals contained in the
1945 Constitution of the Republic of Indonesia, the government has implemented this
1
Mochamad Kevin Romadhona, Bambang Sugeng Ariadi Subagyono and Dwi Agustin,
‘Examining Sustainability Dimension in Corporate Social Responsibility of ExxonMobil Cepu:
An Overview of Socio-Cultural and Economic Aspects’ (2022) 3 Journal of Social Development
Studies.[130].
YURIDIKA
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Yuridika (ISSN: 0215-840X | e-ISSN: 2528-3103)
by http://e-journal.unair.ac.id/index.php/YDK/index under a Creative
Commons Attribution 4.0 International license.
DOI: 10.20473/ydk.v38i1.42511
Volume 38 No 1, January 2023
Article history: Submitted 22 October 2022; Accepted 6 Desember 2022; Available Online 30 January 2023.
Copyright © 2023 Rizal Faharuddin and Jeferson Hakim