Cessation of Corruption Prosecutions by Public Prosecutors in Indonesia: Rationality and Concepts for Criminal Justice Reform

This study aims to clarify the concept and justification for the cessation of corruption cases, together with an explanation of the categories of corruption cases eligible for termination. This paper addresses corruption cases that may be concluded, namely those having negligible financial harm to the state. This research constitutes a normative legal analysis employing a conceptual framework. The author finds that it is justifiable to discontinue the prosecution of corruption cases in Indonesia where the financial losses to the state are minimal. An economic analysis of law suggests that it is ineffective to insist on or fail to differentiate between corruption cases involving minor financial losses to the state, as one of the aims of enforcing criminal law against corruption is to recuperate state financial losses. The subsequent concern is the lack of a specified threshold for minimal financial losses to the state in Indonesian criminal law regarding corruption. Upon examining the budgetary cap for enforcing criminal law related to corruption, the author posits that the optimal threshold for minor financial detriments to the state is a maximum of Rp. 200,000,000 (two hundred million rupiah). The notion of ceasing the prosecution of corruption cases involving minimal financial detriment to the state can be implemented by incorporating a provision for discontinuation of prosecution, one of which is predicated on prosecutorial discretion. This is similarly implemented in France, the Netherlands, and Germany, achievable by changing Article 140 Paragraph (2) of the Criminal Procedure Code on the cessation of prosecution

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