Ratio Legis of the Implementation of Obstruction of Justice Regulations in Corruption Towards Advocates in Indonesia

DOI

10.2991/assehr.k.211112.030How to use a DOI?

Keywords

Ratio Legis; Obstruction of Justice; Corruption; Justice; Indonesia

Abstract

Corruption is an extraordinary crime which refers to rotten, dishonest acts related to finance. Despite relentless eradication of corruption undertaken, corrupt networks have always been developing various modes to be exempted from allegations of corruption. It is performed by blocking or hindering the law enforcement process. This practice is known as the term Obstruction of Justice. It sets out to answer the following questions in this research: How obstruction of justice is regulated under Indonesian Law, particularly obstruction against corruption eradication judicial process in Indonesia, and how to balance Obstruction of Justice clause while ensuring the Rights of Immunity to Advocates. Drawing on socio-legal research, the study reveals that an act is deemed obstructing justice if it is intentionally committed to prevent the legal process from seamlessly running (mens rea). The study suggests revising and clarifying the provisions of Article 21 of the laws on corruption, continuing collaboration between law enforcement agencies, and raising public awareness as the three main attempts to eradicate corruption. The implementation of these attempts as a future approach is imperative in combating corruption since they are based on the principles of justice.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Beni Kurnia Illahii
AU  - Indah Nadilla
AU  - Annisa Salsabila
PY  - 2021
DA  - 2021/11/23
TI  - Ratio Legis of the Implementation of Obstruction of Justice Regulations in Corruption Towards Advocates in Indonesia
BT  - Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021)
PB  - Atlantis Press
SP  - 232
EP  - 239
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211112.030
DO  - 10.2991/assehr.k.211112.030
ID  - Illahii2021
ER  -