Alternative Sentencing for Criminal Acts of Corruption as the Form of Progressive Legal Enforcement to Ensure Criminal Action to Guarantee the Process of Sustainable Development

摘要

Almost every day The Media of both print and electronic are filled with news of Red Handed Arrest Operations (OTT) carried out by officers of the Corruption Eradication Commission (KPK) against public officials from low-ranking officials to the leadership level such as regents, mayors or governors. As usual, the captures will be covered or reported by various mass media, especially television media. For the people who are pro-corruption eradication efforts to KPK will feel satisfied with the performance of KPK which is without compromising when targeting anyone involved in corruption in discriminately. The KPK's "courage" had caused the reaction of "Corruptors fight back" when there was allegation of a discourse to "weaken" the KPK from some politicians in Parliament. That is at least from the perspective of the KPK leaders who are concerned that the integration of the articles concerning corruption into the articles of the Criminal Code which are still in the form of a draft will affect the loss of specification of acts of corruption and at the same time reduce or annihilate the authority of the KPK. Along with the ongoing polemic regarding the issue of integrating corruption into the Draft of Criminal Code, it was recently revealed that most of the "mega corruption" perpetrators who were shocking at the time of their arrest again shocked the mass media, but this time because of the allegation that Sukamiskin prison turns out to be an "apartment" for corrupt convicts who can continue their luxurious life in prison which should be a place to "torment" the perpetrators of corruption in order to be able to introspect and correct themselves in order to be prepared when they return to society after the end of their sentence. Based on the description above, the author assumes that the current conventional imprisonment system will not be able to stop or break the cycle of corruption in Indonesia, so that it will have an impact on massive corruption, which in turn will affect the sustainable development process. In this paper the author wishes to offer the need for alternative prosecutions in lieu of conventional crimes in the form of imprisonment for perpetrators of corruption. Therefore the theme of this conceptual writing is "Alternative punishment for perpetrators of corruption as a form of progressive law enforcement of criminal acts of corruption to ensure a sustainable development process". This paper will be qualitative using the concept of Progressive Law of Satjipto Rahardjo.