Reformulation of the Crime Obstruction of Justice in Article 21 of Law No. 31 of 1999 in an Effort to Realize the 16th Pillar of the SDGs (Peace, Justice, and Strong Institutions)
- DOI
- 10.2991/978-2-38476-491-4_19How to use a DOI?
- Keywords
- Corruption; Obstruction of Justice; Justice
- Abstract
Obstruction of Justice can be interpreted as an act carried out intentionally or unintentionally to obstruct, hinder, or disrupt the investigation, prosecution, and trial process. One of the a policy was regulated in Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, Article 21 contains an “indirect” clause that can give rise to multiple interpretations for law enforcement officials, government circles, and civil society. This has the potential to be misused by law enforcement officials to ensnare individuals who express public opinions or social control without a clear legal basis, this phrase also depends on subjective and repressive assessments from law enforcement that can vary. The purpose of this study is to determine the limits of law enforcement in preventing indirect obstruction of investigations against levels of society and formulate Article 21 of the Corruption Law by clarifying the phrase “indirect” with the connotation of legal certainty. To support the realization of the 16th Pillar of the Sustainable Development Goals (SDGs), namely peace, justice, and strong institutions. The research method used is the juridical-normative method with a legislative approach. The data collection technique used was a literature study with theoretical-analytic analysis. This study found that there is no legal certainty in obstructing investigations, especially corruption crimes, which include the phrase “indirectly” in Article 21 of the Corruption Law. Subjectively upheld justice has the potential to weaken each institution. Law enforcement agencies must carry out their duties professionally and procedurally without subjective views. Likewise, community organizations are permitted to monitor corruption eradication cases without incorporating negative sentiments toward law enforcement officials. Therefore, the 16th Pillar of the SDGs can only be realized if each institution strengthens each other.
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- © 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
TY - CONF AU - Tinuk Dwi Cahyani AU - Ilyas Nuryasin AU - Wahyudi Kurniawan AU - Nabila Aprilia Rismara AU - Farhan Alif Ujilast PY - 2025 DA - 2025/11/18 TI - Reformulation of the Crime Obstruction of Justice in Article 21 of Law No. 31 of 1999 in an Effort to Realize the 16th Pillar of the SDGs (Peace, Justice, and Strong Institutions) BT - Proceedings of the 6th International Conference on Law Reform (INCLAR 2025) PB - Atlantis Press SP - 201 EP - 210 SN - 2352-5398 UR - https://doi.org/10.2991/978-2-38476-491-4_19 DO - 10.2991/978-2-38476-491-4_19 ID - Cahyani2025 ER -