Efektivitas Amnesti dan Abolisi Terhadap Tindak Pidana Korupsi di Indonesia Perspektif Teori Lawrance Friedmen

Abstract

This research examines the effectiveness of the legal system of amnesty and abolition in handling corruption crimes in Indonesia, focusing on the cases of Hasto Kristiyanto who received amnesty and Tom Lembong who received abolition through Presidential Letters approved by the House of Representatives on July 31, 2025. Corruption as an extraordinary crime requires consistent law enforcement, however, the granting of amnesty and abolition has the potential to create conflict between political interests and the supremacy of law. This research employs a normative legal research method with Lawrence M. Friedman's legal system theory approach, which includes legal structure, legal substance, and legal culture. The research findings indicate that although the mechanism for granting amnesty and abolition has procedurally complied with the provisions of Article 14 paragraph (2) of the 1945 Constitution, its implementation reflects the ineffectiveness of Indonesia's legal system. From the legal structure aspect, there is an imbalance of political power over law enforcement institutions and the malfunction of the checks and balances principle. From the legal substance aspect, there are normative inconsistencies and legal vacuums that create legal uncertainty. From the legal culture aspect, the granting of amnesty and abolition strengthens the culture of impunity and undermines public trust in the legal system. This research recommends the necessity for revision of laws and regulations that explicitly exclude corruption crimes from the possibility of granting amnesty and abolition, revitalization of the approval mechanism by involving the Supreme Court, and strengthening legal education and transparency to improve the legal culture of society.