Remission for Corruption Convicts: Contradiction between Human Rights and Just Sentencing Objectives

Abstract

The granting of remission to corruption convicts remains a contentious issue in Indonesia's criminal justice system, reflecting a fundamental tension between the protection of convicts' human rights and the pursuit of just sentencing objectives. Remission is constitutionally and statutorily recognized as a right of convicts under Law No. 22 of 2022 on Corrections, grounded in the principle of equality before the law. Conversely, corruption as an extraordinary crime inflicts systemic harm on state finances and public welfare, rendering remission for corruption offenders potentially corrosive to deterrence. This normative legal study examines this contradiction within the framework of Indonesia's new Criminal Code (Law No. 1 of 2023) using statutory, conceptual, and comparative approaches. This study proposes a proportional remission framework based on restorative justice, rehabilitation, proportionality, and non-discrimination. The framework emphasizes objectively verifiable criteria, restitution and recovery of state losses where legally applicable, rehabilitation and reintegration efforts, and transparency in remission decision-making. Community-based restorative programs are considered as a possible future policy instrument only where they are supported by a clear statutory and regulatory basis.