Gaps Between Anti-Corruption Laws and Implementation: A Normative-Legal Study

Authors

  • Egi Dahono Kuncoro Universitas Airlangga Author

DOI:

https://doi.org/10.65815/6870vv23

Keywords:

Anti-Corruption Law; Legal Implementation; Normative-Legal Study; Legal Reform; Indonesia

Abstract

Indonesia has developed an extensive legal framework aimed at combating corruption, including specific statutes, criminal provisions, and institutional mandates. However, despite the apparent strength of these legal instruments, corruption remains a deeply entrenched issue in both the public and private sectors. This paper conducts a normative-legal study to examine the gap between anti-corruption laws and their actual implementation. Through doctrinal legal analysis supported by empirical references and judicial records, the study explores the extent to which Indonesia’s anti-corruption laws align with constitutional mandates, international standards, and practical realities. The findings demonstrate a persistent disjuncture between formal legal provisions and institutional enforcement. Key issues include vague legal definitions, inconsistent judicial interpretations, lack of coordination among enforcement agencies, and selective prosecution. Moreover, structural problems—such as political interference, insufficient legal capacity, and institutional corruption—further undermine the effective application of anti-corruption laws. These weaknesses erode public confidence in the rule of law and diminish the deterrent effect of existing legal mechanisms. This paper contributes to the global discourse on anti-corruption by emphasizing that strong legal texts are not sufficient without parallel efforts in institutional reform, legal culture transformation, and accountability mechanisms. It also argues for the necessity of a holistic legal strategy that integrates preventive, punitive, and educational dimensions. Indonesia’s case highlights the importance of bridging the normative-implementation gap to ensure that legal reforms translate into genuine anti-corruption outcomes.

Published

2024-01-31

How to Cite

Gaps Between Anti-Corruption Laws and Implementation: A Normative-Legal Study. (2024). Indonesian Anti Corruption Studies, 1(1). https://doi.org/10.65815/6870vv23