Hukuman Mati dan Seumur Hidup dalam Kasus Korupsi: Studi Indonesia–Tiongkok Berdasarkan Deterrence Theory

Abstract

Based on the research findings, it can be concluded that a comparison of corruption sentencing policies in Indonesia and China reveals fundamental differences in the application of Deterrence Theory. China widely applies the death penalty to high-value corruption cases, emphasizing severity, certainty, and celerity, resulting in a strong deterrent effect in the short term. However, the implementation of the death penalty has not completely eliminated corruption because structural and systemic factors persist. Meanwhile, Indonesia relies more on imprisonment, including life imprisonment, with very limited and conditional application of the death penalty. In the context of deterrence, the effectiveness of punishment in Indonesia is less than optimal due to the weak certainty and consistency of law enforcement, as evidenced by differences in verdicts, the granting of remissions, and the infrequent application of maximum sentences. Therefore, this study confirms that the effectiveness of Deterrence Theory is not determined solely by the severity of criminal sanctions, but rather by the consistency, certainty, and speed of law enforcement within the criminal justice system. Theoretically, this research contributes to the development of Deterrence Theory. Practically, the findings of this study provide a reference for the formulation of anti-corruption criminal policies in Indonesia, particularly in strengthening the justice system and balancing penal and non-penal approaches to increase the effectiveness of corruption eradication.