Kepastian Hukum Mengenai Batasan Unsur Memperkaya dan Menguntungkan dalam Tindak Pidana Korupsi

Abstract

Corruption is a very serious crime, the elements of which must be carefully defined, particularly regarding the interpretation of the components of loss and gain in relation to corrupt acts. In this context, the elements of "enrichment" and "benefit" contained in various provisions of the Corruption Law and the New Criminal Code are important aspects that determine the burden of proof and criminal responsibility. However, differences in the interpretation of these two terms often give rise to debate and inconsistencies in prosecution. Both elements are central to the structure of corruption crimes, but they have different characteristics and produce different evidentiary consequences. The element of enrichment relates to an increase in wealth that is real, material, measurable, and quantifiable, while the element of benefit encompasses benefits that can be material or immaterial, including administrative convenience, access to power, or facilities that do not always have direct economic value. This study found that unclear normative boundaries and weak interpretative guidelines lead to inconsistent interpretations among investigators, public prosecutors, and judges, resulting in disparities in decisions and potentially disrupting legal certainty. Through an analysis of legislation, doctrine, and jurisprudence, this study emphasizes the need for conceptual reformulation, harmonization of interpretations, and the development of detailed and operational judicial guidelines regarding the parameters for proving these two elements. Key recommendations include refining the norms in the Corruption Law and the new Criminal Code, strengthening Supreme Court guidelines, enhancing the competence of law enforcement, and strengthening the role of state audit institutions in proving quantitative elements. With this harmonization, law enforcement against corruption crimes is expected to be more effective, measurable, and ensure legal certainty.