Pemberian Abolisi terhadap Terpidana Korupsi: Tinjauan Yuridis dan Dampaknya pada Integritas Penegakan Hukum (Studi Kasus Tom Lembong)

Abstract

This article analyzes the granting of abolision to corruption convicts through a case study of Tom Lembong, the former Minister of Trade who was sentenced to 4.5 years in prison and fined for a sugar import corruption case. The study employs a normative-juridical approach by analyzing legal regulations, court decisions, presidential decrees, as well as relevant legal literature and media articles. The main findings reveal that the granting of abolision has a constitutional basis under Article 14 paragraph (2) of the 1945 Constitution and is implemented through formal procedures involving the President and the House of Representatives (DPR). However, the implementation of abolision in corruption cases raises ethical, political, and juridical dilemmas, particularly concerning substantive justice and the integrity of law enforcement. Abolision granted to corruption offenders risks weakening deterrent effects, reducing public trust in the criminal justice system, and creating opportunities for the executive branch to abuse power for short-term political purposes. This study recommends that the government and DPR formulate specific criteria for future abolision grants, tighten public oversight mechanisms, and uphold the values of justice and the supremacy of law in all abolision decisions.