THE POLITICS OF CRIMINAL LAW OBSTRUCTION OF JUSTICE IN COMBATING CORRUPTION IN INDONESIA Ismail
Faculty of Law, Hasanuddin University
Abstract
The effort to obstruct the judicial process in eradicating corruption is a new phenomenon in the criminal justice system in Indonesia. Obstruction to the judicial process is one of the inhibiting factors for the eradication of corruption in Indonesia, which is no less dangerous than material corruption. The purpose of this research is to find out and analyze the criminalization of obstruction of justice as an offense in the criminal act of corruption, to find out and analyze legal reasoning of court decisions regarding obstruction of justice, and to find and construct the ideal concept of obstruction of justice regulation in the eradications of corruption in Indonesia at the future. The method used in this dissertation research is the normative legal research method with the statutory approach, the case approach, the comparative law approach, and the conceptual approach. The result show that three has been a shift in the minds of lawmakers regarding obstruction of justice in Article 21 of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption from the nature of the objective to the nature of the act. Legal reasoning from judges considerations in obstruction of justice cases in different from one decision to enother, there is no uniformity of views regarding the applications of Article 21 of Law Number 31 of 1999.
