Applying human rights perspectives to corruption: analysis of regulations and court decisions in Indonesia

Abstract

This research investigates the linkage between corruption and human rights violations in Indonesia, focusing on anti-corruption laws and judicial outcomes. Employing a doctrinal legal approach, the study analyzes relevant legislation, including the United Nations Convention against Corruption 2003 and Indonesia’s Anti-Corruption Act of 1999/2001, alongside court decisions to explore how corruption infringes upon economic, social, and cultural rights. The findings reveal that various forms of corruption, such as bribery and embezzlement, directly undermine fundamental rights, including access to education, healthcare, and fair trials. A hypothetical scenario is used to illustrate the practical connections between these variables. However, the analysis of 100 randomly selected court verdicts indicates limited recognition of corruption as a human rights violation in judicial reasoning, with only a few cases explicitly linking the two. Notably, even when courts acknowledge this connection, it rarely results in harsher penalties, as human rights violations are seldom treated as aggravating factors, often leading to lenient sentences. The study underscores the need for broader recognition of corruption as a human rights issue through extensive research and advocacy. It recommends that law enforcement institutions, including the police, prosecutors, and judiciary, develop guidelines and provide ongoing training to better integrate a human rights-based approach in handling corruption cases, ensuring stricter enforcement and punishment to enhance accountability and protect citizens’ rights.