Kebijakan Reformulasi Ancaman Pidana Mati Tindak Pidana Korupsi dalam Peraturan Perundang-undangan

Arief, Barda Nawawi
Journal article Masalah-Masalah Hukum • 2013 Indonesia

Abstract

Corruption in Indonesia systematically in all sectors of public life, has threatened the efforts of sustainable development and the achievement of social welfare in Indonesia. Society demanded that the death sentence meted out to the criminals, so that corruption can be prevented and eradicated systematically. However, until now there has been no single criminals sentenced to death. This happens because of the legal weaknesses in the formulation death sentence for corruption. Some disadvantages juridical include: the death penalty only for offenses threatened enrich themselves / others / corporate corruption, death penalty only for corruption perpetrated under certain circumstances, the law does not formulate terms / limitations repetition acts criminal (recidive) for corruption, crime repeated terms and repetition period in terms of providing capital punishment for repeat offenses (recidive) for corruption. Reformulation of capital punishment for corruption should be threatened by the principal alternative to other types of criminal offense-specific corruption offenses considered very disgraceful and extremely harmful and damaging the wider society (nation / state). In addition, given the threat of the death penalty is a last resort in combating corruption should also formulated an alternative capital punishment or other forms of death penalty mitigation.

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Masalah-Masalah Hukum

Jurnal Masalah-Masalah Hukum (MMH) berisi tulisan yang diangkat dari hasil penelitian dan kajian ... see more