Authors:

Mochammad Rifky Setiawan - Program Sarjana Ilmu Hukum, Sekolah Tinggi Hukum Bandung 

Salsabila Fatimah Zahra - Program Sarjana Ilmu Hukum, Sekolah Tinggi Hukum Bandung

Muhammad Ferris Fernanda - Program Sarjana Sastra Inggris, Universitas Padjadjaran

DOI : https://doi.org/10.19184/puskapsi.v6i1.60025

Abstract

This study examines the role of exposure as the decisive variable in determining the effectiveness of deterrence in corruption law enforcement, particularly in policy corruption cases in Indonesia. Using a doctrinal legal research method with statute, conceptual, and case approaches, this research analyzes Law Number 1 of 2023 on the Criminal Code and Decision Number 34/Pid.Sus-TPK/2025/PN Jakarta Pusat concerning the sugar trade case. The study employs GONE Theory (greed, opportunity, need, and exposure) to identify criminogenic factors, positioning exposure not solely as a supporting element but as a structural and epistemic condition that determines the visibility and enforceability of anti-corruption law. It is found that low exposure prevents penal threats from being perceived as credible risks, thereby weakening deterrence even when legal elements are formally fulfilled and sanctions are imposed. This condition is reinforced by a formalistic, result-oriented enforcement approach that prioritizes state financial loss while under-articulating abuse of authority as a breach of public trust. The findings suggest that deterrence failure should be reconceptualized as resulting from low exposure rather than insufficient punishment severity. Accordingly, it proposes a reconstruction of criminal liability through strengthening official culpability and operationalizing dolus eventualis, supported by transparent, consistent, and communicative judicial reasoning to enhance the preventive and normative functions of criminal law.