Reconstruction of Parole Rights for Corruption Convicts from the Perspective of Substantive Justice and Legal Certainty in Indonesia

Abstract

Corruption is recognized as an extraordinary crime due to its systemic and destructive impact on state finances, governance, and public trust. This study aims to examine the essence of granting or revoking remission rights for corruption convicts within the Indonesian positive legal system and to analyze how such policies reflect the balance between prisoners’ rights and public interests. This research employs a normative juridical approach by analyzing statutory regulations, legal doctrines, and relevant legal principles related to remission and corruption crimes. The findings indicate that remission, as regulated under Law Number 22 of 2022 concerning Corrections, is normatively recognized as a right of prisoners conditioned upon good behavior and participation in rehabilitation programs. However, for corruption convicts, remission is not an absolute right but a conditional privilege due to the extraordinary nature of corruption crimes, which require stricter legal treatment. Additional requirements, including cooperation with law enforcement authorities and full payment of fines and compensation, demonstrate the conditional nature of remission policies for corruption offenders. Furthermore, remission revocation may occur when convicts fail to meet legal and administrative requirements, thereby reinforcing accountability within the correctional system. The study concludes that remission policies for corruption convicts must be implemented selectively, transparently, and accountably to maintain deterrence, ensure substantive justice, and uphold legal certainty. Strengthening regulatory frameworks and ensuring consistent implementation are essential to achieving a balanced correctional policy that aligns with anti-corruption objectives and public expectations.