Addressing Legal Gaps: Reformulating Penal Provisions for Non-Civil Servants in Passive Bribery Corruption Offenses in Indonesia

Abstract

This study analyzes the legal subject arrangements about passive bribery corruption offenses outlined in Article 12 of Law No. 20 of 2001, which is limited to civil servants and state organizers. In practice, this crime frequently encompasses individuals who share close relationships with civil servants, including friends or relatives, who often engage actively in these violations. This research examines the rechtsvacuum condition concerning legal subjects who are not civil servants within the framework of passive bribery corruption offenses. It will also address the challenges associated with ius constitutum and ius constituendum about the penal system. The results demonstrate that the regulations concerning the penal system for non-civil servant legal subjects remain unaddressed in Law No. 20 of 2001. This leads to judges and law enforcement officials interpreting the law in their ways, potentially resulting in inconsistencies in the management of corruption bribery cases. As a result, there is a presence of legal ambiguity that compromises the integrity of justice. This research suggests the necessity for reevaluating a just penal system for legal subjects who do not hold positions as civil servants or state organizers. This reformulation is anticipated to improve legal certainty and justice in enforcing laws about corruption offenses in Indonesia, ultimately establishing a more efficient system for a comprehensive approach to combating corruption.