The Paradigm Shift in Corruption Case Resolution in Indonesia: A Study on the Progressive Legal Approach

Evolutionary Studies in Imaginative Culture:1202-1213 (forthcoming)
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Abstract

The handling of corruption cases in Indonesia has undergone significant changes, particularly in the application of criminal procedural law aimed at enhancing the effectiveness of corruption eradication. One of the important developments is the implementation of a progressive legal approach that is more adaptive to socio-political dynamics and aims to create substantive justice. However, there is a gap in the consistent application of the lex specialis principle, which has led to legal uncertainty and regulatory loopholes exploited by corrupt actors. This research employs a qualitative descriptive method with in-depth interviews and legal document analysis to explore the paradigm shifts in the enforcement of corruption cases in Indonesia. The findings indicate that the progressive legal approach has succeeded in addressing inconsistencies in the application of lex specialis, increasing legal flexibility through the practice of discretion, and leveraging collaboration with whistleblowers to uncover major corruption cases. The results also show a significant decrease in the number of corruption cases following the implementation of this new paradigm. This approach allows the law to be more responsive to social changes, creates more sustainable justice, and strengthens efforts to eradicate corruption. The implications of this research provide new insights for legal reform in Indonesia, particularly in enhancing the effectiveness of law enforcement against corruption.

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