LEGAL ANALYSIS OF THE SUBSTANCE OF SANCTIONS AND IMPLEMENTATION OF CRIMINAL ACTS OF CORRUPTION IN THE 2023 CRIMINAL CODE

Abstract

Law Number 1 of 2023, known as the 2023 Criminal Code, which has been passed into law and will come into effect in 2026, includes corruption offenses in Article 603 and Article 604 of the 2023 Criminal Code with minimum sanctions regulated by the 2023 Criminal Code for private sector and state officials are subject to 2 (two) years imprisonment and a minimum category II fine, IDR 10,000,000.00 (ten million rupiah). According to the Minister of Law and Human Rights, Yasonna Laoly, the establishment of equalization of sanctions in the 2023 Criminal Code is to implement the principle of equality before the law and justice. The purpose of this research is to determine the legal analysis related to the principle of equality before the law in the formulation of sanctions in Article 603 and Article 604 of the 2023 Criminal Code and legal analysis of the future implementation of the existence of criminal acts of corruption in the 2023 Criminal Code. The method used in this research uses legal research methods, normative juridical, by researching primary legal materials such as laws and literature through journals or e-books. The results of this research show that the principle of equality before the law is implemented by determining the same minimum sanctions, thus creating legal justice. As for future implementation of this regulation, it will prevent disparities in judges' decisions, the KPK's authority will not be reduced in eradicating corruption. However, the minimum sanctions are lower than those regulated in the Corruption Law.