| Summary: | Corruption is an extraordinary crime that has an extraordinary impact, so various sanctions are applied to reduce the rate of corruption. The main purpose of law is to provide justice and benefits to society. The death penalty and confiscation of assets are legal instruments introduced by the state to overcome criminal acts of corruption. Even though Indonesia was ranked fifth as the most corrupt country in Asia in 2022 according to Transparency International, the death penalty is also applied in the context of corruption cases that are considered massive. The threat of the death penalty is regulated in Article 2 paragraph (2) of Law Number 31 of 1999 concerning Corruption Crimes, which permits the application of the death penalty under certain conditions. However, in practice, no corruptor has yet been sentenced to death, even though they meet these qualifications. In contrast, asset confiscation focuses more on returning state finances related to confiscating the assets of perpetrators of criminal acts of corruption, so that they cannot enjoy the proceeds of corruption after leaving prison. The Bill on Criminal Asset Confiscation was proposed as an additional step to prevent criminal acts of corruption and is expected to be passed soon. The return of assets originating from criminal acts of corruption must be based on the principles of social justice, with the state and legal system responsible for ensuring the welfare of individuals or society. In the context of criminal acts of corruption that harm the state's ability to carry out its duties, the state is expected to demand recovery for wealth taken unlawfully. The application of the death penalty for perpetrators of corruption is based on the principle that severe punishment can effectively reduce the opportunities for this behavior to occur. However, it is important to remember that the severity of the punishment is not the only determining factor in the success of implementing the punishment.
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