Rekonstruksi Putusan Bebas dalam Tindak Pidana Korupsi dan Implikasinya terhadap Penegakan Hukum di Indonesia

Abstract

This article examines the legal construction of acquittal decisions (vrijspraak) in corruption cases in Indonesia and analyzes their implications for law enforcement, legal certainty, and anti-corruption efforts. The study highlights that acquittal decisions, as regulated under Article 191(1) of the Indonesian Criminal Procedure Code (KUHAP), are a legitimate judicial outcome when criminal elements cannot be proven beyond reasonable doubt as mandated by Article 183 KUHAP. However, in corruption cases categorized as extraordinary crimes acquittals often arise not only from insufficient evidence but also from inconsistent judicial interpretation, weak prosecutorial indictments, divergent assessments of state financial loss, and institutional integrity issues. These acquittals significantly affect public trust, weaken deterrence, undermine institutional performance, and create legal uncertainty due to inconsistent application of material elements in the Anti-Corruption Law. The article argues that a more coherent reconstruction is necessary to minimize unjustified acquittals, including harmonizing judicial interpretation, strengthening evidence standards, improving prosecutorial accuracy, enhancing coordination in state loss assessment, and reinforcing the integrity of law enforcement institutions.