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VOL. 9, ISSUE 2 (2023)
Legal reconstruction of the death penalty for corruptor based on the value of justice
Authors
Nusantara Tarigan Silangit, Gunarto, Anis Mashdurohatun
Abstract
The aim of this research is to analyze and find weaknesses in the current regulation on the death penalty for corruptors and how to reconstruct the law based on the value of justice. The method used in this study uses a normative juridical approach with a constructivist paradigm. Results of the research show the weaknesses in the current regulation on the death penalty for corruptors are that the criteria used as a condition for imposing capital punishment on perpetrators of corruption do not yet have clear and firm parameters. The phrases "may" and "under certain circumstances" have resulted in the application of the provisions of the article governing death penalty sanctions that cannot be applied optimally in corruption cases that occur in Indonesia, even though corruption is committed at the time of a disaster in accordance with the qualification requirements set out in Article 2 paragraph (2) Law No. 20/2001 regarding PTPK. Therefore, the legal reconstruction of regulations on death penalty sanctions for corruptors based on the value of justice is by changing the substance of Article 2 paragraph (2) of Law no. 20/2001 concerning PTPK, where the parameters or conditions in imposing the death penalty sanctions are seen from the nominal value of the corruption or the seriousness of the corruption that has been committed. Thus, the criteria that become parameters have legal certainty, both in their formulation and in their application stage.
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Pages:93-97
How to cite this article:
Nusantara Tarigan Silangit, Gunarto, Anis Mashdurohatun "Legal reconstruction of the death penalty for corruptor based on the value of justice". International Journal of Law, Vol 9, Issue 2, 2023, Pages 93-97
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