Shifts in the Criminalization Policy for Corruption Crimes in Law Number 1 of 2023 from a Justice Perspective

Abstract

The ratification of Law Number 1 of 2023 concerning the Criminal Code (KUHP), which came into effect on January 2, 2026, brought fundamental changes to the national criminal law architecture, including the regulation of corruption crimes, which were previously subject to the special regime of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption. This article aims to analyze the shift in the policy of criminalizing corruption crimes in the new Criminal Code and assess it from a justice perspective. The research uses a normative juridical method with a statutory and conceptual approach, supported by primary, secondary, and tertiary legal materials analyzed qualitatively and descriptively. The results of the study indicate that Articles 603 to 606 of the new Criminal Code re-codify core corruption offenses, introduce an eight-category fine structure, and open up space for alternative types of punishment such as supervision and community service. This shift raises concerns about the weakening of corruption's status as an extraordinary crime and the potential for overlapping norms with the Corruption Crimes Law. This article concludes that the principle of lex specialis derogat legi generali must remain upheld to ensure that corruption criminalization policies remain proportional, provide a deterrent effect, and reflect a sense of justice for the public.