The Concept Of Social Work As An Alternative To Criminal Principals With The Perspective Of Social Defence And Moral Culture In The Efforts To Enforce Corruption In Indonesia

Authors

  • Luna Dezeana Ticoalu Fakultas Hukum Universitas Brawijaya
  • Relys Sandi Ariani Fakultas Hukum Universitas Brawijaya
  • Herlin Sri Wahyuni Fakultas Hukum Universitas Brawijaya

Keywords:

Shame Culture, Guilt Culture, Social Work, Social Defence, Corruption Crime

Abstract

Corruption is still a major problem in Indonesia. Various efforts to eradicate corruption have been carried out, but in fact still less effective. This can be seen from several points of view. Firstly, the substance of the punishment stipulated in Corruption Laws has not given a deterrent effect to the perpetrators. Secondly, weaknesses in the legal structure of the functioning of authorized institutions. And thirdly, the culture of applying punishment is only juridical and does not emphasize the value of society (Shame Culture and Guilt Culture). Therefore, the author offers a solution to the problem, namely the Concept of Social Work as an Alternative criminal principle of Social Defence perspective in the Efforts to Enforce Corruption In Indonesia. This concept is the application of social work punishment into the principal criminal reviewed from the theory of Social Defence by integrating perpetrators into the community as an effort to instill the value of Shame Culture and Guilt Culture. The application of social work punishment into the principal criminal is reviewed from the theory of Social Defence and instills the value of Shame Culture and Guilt Culture by means of punishment cumulatively given with basic criminal punishment. This concept involves prosecutors, supervisory judges, and prisons in the implementation of social work. The research method used is juridical normative with statutory approach, conceptual approach, and comparison approach.

Published

2021-07-22

How to Cite

Ticoalu, L. D., Ariani, R. S., & Wahyuni, H. S. (2021). The Concept Of Social Work As An Alternative To Criminal Principals With The Perspective Of Social Defence And Moral Culture In The Efforts To Enforce Corruption In Indonesia. Jurnal Hukum Lex Generalis, 2(7), 555–567. Retrieved from https://ojs.rewangrencang.com/index.php/JHLG/article/view/88