International Journal of Law
International Journal of Law
International Journal of Law
Vol. 6, Issue 2 (2020)

Reconstruction of death penalty sanctions in corruption acts based on the value of humanity and justice


Suyono, Teguh Prasetyo, Umar Ma’ruf

In Indonesia, almost no day is left without news about corruption cases. The Corruption Eradication Commission (KPK) revealed that criminal acts of corruption have extraordinary consequences in various aspects of people's lives, such as high poverty rates, unemployment, increased foreign debt, and natural damage based on these matters, the authors conducted research on the subject of What Are Weaknesses in in the Implementation of the Death Penalty in the Corruption Case in Indonesia and How is the reconstruction of the death penalty in the criminal act of corruption based on humanitarian values and justice in Indonesia. The research methods used are: (1) using a constructive theory paradigm, (2) the type of research is qualitative research. (3) the method of approach uses the socio-legal research approach method. The results of the study showed that the implementation of Article 2 paragraph (2) of Law Number 31 of 1999 jo. Law Number 20 of 2001 related to capital punishment in corruption has never been carried out in any termination of corruption case so far, this is because capital punishment is not in accordance with the concept of human rights protection in Indonesia so that the implementation of Article 2 paragraph (2) of the Act Number 31 of 1999 jo. Law Number 20 Year 2001 regarding capital punishment in corruption can be said to be ineffective, this is because capital punishment in capital punishment cases has never been carried out in Indonesia, it is because capital punishment in corruption cases is contrary to the concept of human rights respect as intended Pancasila; The causes for the implementation of Article 2 paragraph (2) of Law Number 31 of 1999 jo. Law Number 20 of 2001 related to capital punishment in corruption has never been carried out because: (a) It is not in accordance with Pancasila and the 1945 Constitution of the Republic of Indonesia, (b) The system of law enforcement in corruption cases that still has many weaknesses, and (c ) Death penalty which also has many weaknesses; so as to be able to realize reconstruction related to the death penalty that is just in the case of corruption, the provisions as regulated in Article 2 paragraph (2) of Law Number 31 of 1999 jo. Law Number 20 of 2001 related to capital punishment in criminal acts of corruption needs to be abolished.
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How to cite this article:
Suyono, Teguh Prasetyo, Umar Ma’ruf. Reconstruction of death penalty sanctions in corruption acts based on the value of humanity and justice. International Journal of Law, Volume 6, Issue 2, 2020, Pages 148-151
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