LEGAL CHALLENGES IN ADDRESSING CORRUPTION IN INDONESIA'S BANKING SECTOR: A CRITICAL ANALYSIS OF JUDICIAL DECISIONS

Abstract

This article examines judicial decisions resulting in acquittals in corruption cases involving individuals in Indonesia's banking sector. Utilizing a normative juridical and empirical approach, the study analyzes both primary and secondary data to understand why defendants are acquitted despite the fulfillment of all elements of the charges. The findings reveal that actions, although meeting the technical criteria for corruption, are not deemed criminal offenses, leading to acquittals (Onslag Van Alle Rechtvervolging). The study underscores the extraordinary nature of corruption as a crime that significantly harms the nation's economy and society. It highlights the necessity for legislative reforms in corruption and banking crime laws to effectively prevent and address these issues. The research also emphasizes the importance of respecting legally binding judicial decisions while balancing law enforcement efforts to achieve justice and protect the rights of the accused.