Legal Reform against the Conflict of Norms in The Corruption Eradication Commission Law

Abstract

This research aims to address and propose solutions to the issue of conflicting norms within Indonesian Anti-Corruption Act (Act 19/2019). It is a normative study conducted through a statutory and conceptual approach. Primary and secondary legal materials were collected and analyzed prescriptively. The study suggests resolving the conflict between Article 69D and Article 70B-70C by applying the principle of Lex Posterior Derogat Legi Priori. As a result of this conflict, there are ongoing corruption cases that must now follow the legal process outlined in Act 19/2019, even if the alleged offenses took place prior to its enactment. This situation creates a loophole for objections to the legal process, raising concerns regarding justice, benefits, and legal certainty. Consequently, legal reforms are necessary to address these concerns and improve Act 19/2019. Based on these findings, this research asserts that regulations pertaining to corruption eradication should ensure the integrity of the rules by eliminating conflicts of norms and conflicts of interest. In cases where the process of updating regulations faces challenges, the government can establish derivative regulations or implement conflicting norms to achieve the legal objectives of justice, certainty, and benefit within Act 19/2019.