Putra, Daffa Mandala (2025) Putusan Mahkamah Agung Mengenai Pencabutan Hak Politik Bagi Pelaku Tindak Pidana Korupsi Tanpa Keterangan Waktu Dalam Perspektif Hukum Pidana dan Hak Asasi Manusia. Masters thesis, Universitas Islam Riau.

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Abstract

Criminal punishment can be defined as the imposition of threats or sanctions in the form of suffering on a person who has been proven to have committed an act that is explicitly punishable by law. The primary goal of criminal punishment is to prevent the occurrence of criminal acts, to create a deterrent effect for offenders, and to instill a sense of guilt in the offender so that the resulting issues can be resolved. The criminal justice system in Indonesia regulates two types of punishments that can be imposed by judges: primary punishments and additional punishments, as stipulated in Article 10 of the Indonesian Criminal Code (KUHP). The additional punishments that judges may impose under the KUHP include the revocation of certain rights, confiscation of specific property, and the public announcement of court decisions. One form of additional punishment is the revocation of political rights, such as the right to hold office or the right to vote and be elected in public elections. This study analyzes the perspective of criminal law and human rights concerning the ruling on the revocation of political rights for corruption offenders without a clear time limit. The research method used is normative legal research with a conceptual, case, and legislative approach, utilizing primary, secondary, and tertiary legal materials. The findings of this study indicate that the reason the judges imposed the penalty of revocation of political rights for corruption offenders is that the offenders abused their authority, leading to political corruption. The revocation of political rights is permitted from the perspective of criminal law as long as it specifies a clear time limit and the effective date of the revocation. From the perspective of human rights, revocation is also allowed if certain conditions are met. The decision to revoke political rights for corruption offenders aims to provide a deterrent effect and serves as a preventive measure in combating corruption. This study recommends that the judges be firm and consistent in applying additional penalties in the form of revocation of political rights and include a clear specification of the time frame for the revocation.

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