Judges' Interpretation of the Special Minimum Penalties in Act Number 31 of 1999 and Act Number 20 of 2001 Regarding the Eradication of Criminal Acts of Corruption

Abstract

The issue of corruption remains an enduring subject of discourse within various societies, including Indonesia. This circumstance led to the enactment of Act Number 31 of 1999, which addresses the eradication of corruption. This legislation underwent modifications through Act Number 20 of 2001. Among the introduced alterations was the incorporation of a designated minimum sentence within the framework of the offense. This measure was aimed at establishing a dissuasive influence on potential corruption perpetrators. However, the implementation of the specified minimum penalties, as outlined in the Eradication of Criminal Acts of Corruption Act, has exhibited instances of violation. Judges, evaluating certain criteria, have opted to deviate from these stipulated minimum penalties. These criteria encompass factors such as the role and position held by the accused individuals involved in the corrupt activities.