Kebijakan Reformulasi Unsur Bencana Non Alam Nasional dalam Ancaman Pidana Mati pada Tindak Pidana Korupsi di Indonesia

Fitriadi, Darul and Asra, Riadi and Krismen, Yudi (2023) Kebijakan Reformulasi Unsur Bencana Non Alam Nasional dalam Ancaman Pidana Mati pada Tindak Pidana Korupsi di Indonesia. Masters thesis, Universitas Islam Riau.

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Abstract

Corruption in the social assistance budget or funds for the prevention of the Corona Virus Disease 2019 (Covid-19) outbreak which is currently occurring may result in the death penalty as referred to in Article 2 paragraph (1) and paragraph (2) of the Law of the Republic of Indonesia Number 31 of 1999 concerning Eradication of Acts Corruption Crime. However, in reality the perpetrators only received criminal sanctions, where at the time of the Corona Virus Disease 2019 (Covid-19) outbreak the country was in "certain circumstances", and Corona Virus Diasease 2019 (Covid 19) was a non-natural disaster which was then designated as a national disaster, so The sanctions given to corruptors are ambiguous and ineffective, and in the opinion of researchers, corruption actors can be freed from legal responsibility with the Government Regulation in Lieu of Law Number 1 of 2020 concerning State Financial Policy and Financial System Stability for Handling the 2019 Corona Virus Diasease Pandemic (Covid 19) and/or in the Context of Facing Threats that endanger the National Economy and/or Stability of the State Financial System. The main issues that are the object of research include: First, How are the elements of capital punishment in acts of corruption based on the Law of the Republic of Indonesia Number 31 of 1999 concerning the Eradication of Corruption Crimes, and Second, How is the Policy for Reformulating Elements of National Non-Natural Disasters in Threats of Death Penalty in Corruption Crimes. Normative law research method, namely research using normative case studies in the form of legal behavior products. So that normative legal research focuses on positive law inventory, principles, legal doctrine, legal discovery in in concreto cases, legal systematics, level of synchronization, comparative law and legal history. Judging from its nature, it is descriptive analytical, namely providing a complete, detailed, and clear description of a reality related to research. Data sources are divided into three, namely primary, secondary and tertiary legal materials. This study was analyzed qualitatively so that the inductive method used to draw conclusions, namely drawing conclusions from the specific to the general. The Corruption Law regulates capital punishment in Article 2 paragraph (2) which reads: In the event that the crime referred to in Article 2 paragraph (1) is committed under certain circumstances, capital punishment can be imposed. In terms of the purpose of punishment and its implementation so far it is considered to be detrimental to justice for society and acts of corruption are also increasingly rampant, some legal experts consider the death penalty to be necessary in its application, especially in relation to major cases including the Social Assistance Case Covid-19. The current Corruption Law only regulates 1 (one) article which carries the death penalty and this does not have the effect of fearing a person from committing a criminal act of corruption beyond the death penalty. The conclusion of this study is that Article 2 paragraph (2) of the Corruption Eradication Law does not fulfill the juridical aspect of ensnaring corruption actors, especially corruption in social assistance funds for handling COVID-19, considering that it is not included in the occurrence of natural disasters in the provisions of "certain circumstances". In addition, the imposition of criminal death in this article is a form of violation of the right to life as stated in the 1945 Constitution and Law Number 39 of 1999. The death penalty can only be imposed for gross human rights violations such as the crime of genocide, as stated in the International Covenant on Civil and Political Rights.

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