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The Application of a Human Rights Approach toward Crimes of Corruption: Analyzing Anti-Corruption Regulations and Judicial Decisions

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  • Mahrus Ali

    (Faculty of Law, Universitas Islam Indonesia, Yogyakarta 55584, Indonesia)

  • Andi Muliyono

    (Department of Criminal Law, Sekolah Tinggi Ilmu Hukum Manokwari, Manokwari 98312, Indonesia)

  • Syarif Nurhidayat

    (Faculty of Law, Universitas Islam Indonesia, Yogyakarta 55584, Indonesia)

Abstract

This study aimed to examine the connection between the crime of corruption and human rights violations. Indonesia’s corruption-eradication regulations have increased the possibility of handling human rights-based corruption cases. This study employed doctrinal legal research that mainly relied on anti-corruption legislation and corruption cases in judicial decisions. The results showed that the law states that corruption infringes on people’s economic, social, and cultural rights. We employed a plausible scenario to provide practical explanations of the relationship between the two variables. The types of crimes of corruption have a direct nexus to the violation of human rights. In addition, there was inadequate proof of the connection between corruption and human rights violations in court rulings. Specifically, a few court decisions relate corruption to human rights violations. Judges consider the relationship more thoroughly when making legal considerations and when it is not applied as an aggravated circumstance, resulting in significantly milder prison sentences. The findings imply the necessity of mainstreaming corruption as a human rights violation through comprehensive and massive studies. Furthermore, legal enforcement institutions need to issue guidelines and provide continuous training on handling human rights-based corruption cases to the police, public prosecutors, and judges.

Suggested Citation

  • Mahrus Ali & Andi Muliyono & Syarif Nurhidayat, 2023. "The Application of a Human Rights Approach toward Crimes of Corruption: Analyzing Anti-Corruption Regulations and Judicial Decisions," Laws, MDPI, vol. 12(4), pages 1-18, August.
    • Handle: RePEc:gam:jlawss:v:12:y:2023:i:4:p:68-:d:1208851
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    References listed on IDEAS

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    2. Eleftherios Spyromitros & Minas Panagiotidis, 2022. "The impact of corruption on economic growth in developing countries and a comparative analysis of corruption measurement indicators," Cogent Economics & Finance, Taylor & Francis Journals, vol. 10(1), pages 2129368-212, December.
    3. Philippa Webb, 2005. "The United Nations Convention Against Corruption," Journal of International Economic Law, Oxford University Press, vol. 8(1), pages 191-229, March.
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