A Paradigm Shift in Corruption Procedure Law in Indonesia

Abstract

Corruption criminal procedural law in Indonesia has experienced a shift in line with public demands as an extra ordinary crime. The application of procedural law on corruption cannot be separated from the perspective or paradigm of law enforcement officials. Paradigm as a perspective applies according to the reference of law enforcement officials in eradicating corruption. The paradigm of corruption procedural law in Indonesia since the enactment of the Criminal Procedure Code as a lex generalist has developed or become a lex specialist regulated in corruption legislation. The change from lex generalist to lex specialist in this research also reconstructs changes or shifts in the legal paradigm of law enforcement officials. This shift is a response from the public due to increasing corruption in Indonesia in the three branches of government which is difficult to control. To suppress the rate of corruption, several criminal policies (criminal policies) have been implemented in the procedural law of corruption in order to suppress the development of corruption in Indonesia. The basic theoretical assumption of this research is that criminal procedural law for corruption in Indonesia has shifted from the normal stage to the anomaly, crisis and revolution stage. The results of the research show that several corruption criminal procedural laws are assumed to be the locomotive for a paradigm shift in criminal procedural law, namely, first, there are several corruption laws and regulations which are categorized as special criminal acts which regulate their own procedural laws. Second, several governments have implemented measures to encourage the handling of corruption cases. Third, several procedural legal regulations for corruption in the form of technical institutional circulars which are used as the basis for law enforcement officials in eradicating corruption. Fourth, how many corruption court decisions were decided using shifting corruption criminal procedural laws as evidence of a shift in the legal paradigm of law enforcement officials.