ASSESSING THE IMPLEMENTATION AND IMPACT OF CORRUPTION SENTENCING GUIDELINES IN INDONESIA: COMPARATIVE PERSPECTIVES FROM THE UNITED STATES, ENGLAND, AND WALES

Abstrak

The sentencing guidelines established by Supreme Court Regulation No. 1 of 2020 represent a strategic component within Indonesia's penal system. These guidelines aim to promote proportionality, reduce disparity, minimize judicial subjectivity, and enhance transparency and accountability in sentencing. As the first regulation specifically addressing sentencing guidelines for corruption offenses, it raises questions about its necessity and implementation in Indonesia. Evaluating the application of Supreme Court Regulation No. 1 of 2020 is crucial to determine whether its primary objectives align with the outcomes achieved. This research employs a normative juridical method with a conceptual, statutory, case, and comparative approach in its analysis. The novelty of this study lies in its discussion of the newly implemented sentencing guidelines in Indonesia, accompanied by an analysis of 17 decisions in corruption crime cases following the enactment of Supreme Court Regulation No. 1 of 2020. The findings indicate that Supreme Court Regulation No. 1 of 2020 has had a positive impact on promoting proportionality, enhancing consistency, and increasing transparency and accountability in judicial decision-making processes. However, post-enactment, there remain several rulings that have not fully adhered to these guidelines. Comparative studies with United States, England, and Wales reveal the need for improvements in these sentencing guidelines to establish a more effective, proportional, and equitable penal system.