Proceedings of the 6th International Conference on Law Reform (INCLAR 2025)

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Alternative Use of the Concept of “Collective Punishment” in Eradicating Corruption in Indonesia

Authors
Nu’man Aunuh1, *, Muhammad Luthfi2
1Faculty of Law, University of Muhammadiyah Malang, Malang, Indonesia
2Faculty of Law, University of Muhammadiyah Malang, Malang, Indonesia
*Corresponding author. Email: Nukman@umm.ac.id
Corresponding Author
Nu’man Aunuh
Available Online 18 November 2025.
DOI
10.2991/978-2-38476-491-4_13How to use a DOI?
Keywords
Collective Punishment; Crime; Corruption
Abstract

This study examines the concept of collective punishment also called kinship punishment as applied in various legal systems, including historical practices in China (zu zhu during the Qin and Han dynasties), Israel (the demolition of Palestinian militants’ families’ homes), and North Korea (the association system). These practices punish individuals not for their actions but for their familial ties to the accused, raising serious ethical and legal concerns. In Indonesia, such a punishment model contradicts the principles of legality and individual human rights enshrined in national law. The purpose of this study is to critically analyze whether the application of collective punishment can function as an effective, efficient, and deterrent legal instrument against corruption, which is categorized as an extraordinary crime in Indonesia. Using normative juridical methods with a comparative and conceptual approach, this study relies on primary legal materials supplemented by secondary sources such as academic literature and interviews. The research findings indicate that collective punishment can have a deterrent effect but is tantamount to eradicating corruption without addressing its roots. Collective law will maximize control in preventing corruption.

Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 6th International Conference on Law Reform (INCLAR 2025)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
18 November 2025
ISBN
978-2-38476-491-4
ISSN
2352-5398
DOI
10.2991/978-2-38476-491-4_13How to use a DOI?
Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Nu’man Aunuh
AU  - Muhammad Luthfi
PY  - 2025
DA  - 2025/11/18
TI  - Alternative Use of the Concept of “Collective Punishment” in Eradicating Corruption in Indonesia
BT  - Proceedings of the 6th International Conference on Law Reform (INCLAR 2025)
PB  - Atlantis Press
SP  - 145
EP  - 151
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-491-4_13
DO  - 10.2991/978-2-38476-491-4_13
ID  - Aunuh2025
ER  -