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International Journal of
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VOL. 8, ISSUE 6 (2022)
Juridical analysis of certain circumstances as a basis for enforcing corruption crimes
Authors
Nabila Sagita Yusuf, Rizanizarli, Yanis Rinaldi
Abstract
This research intends to recognize and analyze the legal reasoning of special conditions in Article 2 paragraph (2) of the Corruption Crime Law as a burden on the death penalty, the relationship caused by the regulation on the formulation of Article 2 paragraph (2) of the Corruption Law to law enforcement and the reformulation of certain circumstances as a reason for the imposition of the death penalty for perpetrators of corruption crimes in the future. This research is a type of juridical research which is literature research. This research is legal research that perceives principles, rules, norms and doctrines. This approach is also known to the general public as a normative legal approach or research. This normative research stage is carried out by conducting a literature study, namely reviewing references or written sources, be it books, journals, or laws and regulations. This research has 3 conclusions. Initially, the legal reasoning factor in Article 2 of the 2 section (2) of the Corruption Act is used as a death penalty, namely: 1) providing lessons for potential perpetrators of corruption, 2) looking at the impact of corruption and 3) corruption actions carried out under special circumstances. Second, the linkages that the regulations for the formulation of Article 2 paragraph (2) of the Corruption Law have on law enforcement, namely: 1) the death penalty cannot be applied to corruption crimes during non-natural disasters because the KPK plays a role only based on what is stipulated by law, 2) the death penalty is only valid in the provisions of Article 2 paragraph (2) as a result of which the repetition of corruption crimes outside of Article 2 paragraph (2) cannot be submitted criminal, 3) the similarity of the factors of criminal acts in Article 2 and Article 3 is often used by suspects to obtain smaller rewards. Third, the reformulation of special conditions as a reason for the imposition of the death penalty for perpetrators of corruption crimes in the future, namely: 1) the addition of the phrase non-natural disasters to the explanation of Article 2 paragraphs, (2) in the Corruption Act, 2) the penalty of bui for life and paying replacement money worth in accordance with the value of the losses incurred as criminal penalties.
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Pages:184-187
How to cite this article:
Nabila Sagita Yusuf, Rizanizarli, Yanis Rinaldi "Juridical analysis of certain circumstances as a basis for enforcing corruption crimes". International Journal of Law, Vol 8, Issue 6, 2022, Pages 184-187
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