scholarly journals The Reconstruction of The Corruption Eradication System in The Perspective of The Criminal Law in Indonesia

2020 ◽  
Vol 2 (2) ◽  
pp. 29
Author(s):  
Tinuk Dwi Cahyani ◽  
Nu'man Aunuh
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Death Sentence ◽  
Positive Law ◽  
Life Sentence ◽  
Maximum Period ◽  
The World ◽  
Long Time ◽  
One Year ◽  
Crime Of Corruption

Corruption is a crime, just like all other crimes which has existed since a long time ago. The problem is that corruption is like a virus in the society which may spread very quickly. It is difficult to eradicate. The efforts to eradicate corruption has been carried out, but the reality shows that it keeps on increasing along with the increasing welfare, technologies, and development. On 2018, Indonesia stood in the 89th place of the world corruption rank. Thus, there needs to be a reconstruction to the forms of the main and the additional punishments in Indonesia’s positive law, so that it is clear that corruption is a terrible crime which must be fought using extraordinary methods. In Indonesia’s constitution of Corruption Eradication Article 2 clause 2 of the constitution No. 31 of 1999 it states that, “In the case of the crime of corruption as meant in clause (1), when carried out under certain conditions, death penalty may be imposed.” From the explanation of that article, and also from the Constitution No. 31 of 1999 it can be concluded that the forms of existing main punishments are: Imprisonment for some time or life sentence, death sentence, or fine. Meanwhile, the forms of additional punishments are: The revocation of certain rights, the deprivation of certain items, the announcement of the judge’s verdict, the deprivation of tangible movable properties (unmovable and intangible) which are used or are obtained from corruption, the payment of replacement money according to the amount obtained from corruption, the closing of some businesses for the maximum period of one year, and the revocation of all or some rights (the elimination of some privileges. Keywords: reconstruction; corruption; criminal law

The Use of the Death Penalty

1969 ◽  
Vol 15 (1) ◽  
pp. 43-56 ◽  
Author(s):  
Walter C. Reckless
Keyword(s):  
United States ◽  
Death Penalty ◽  
Capital Punishment ◽  
The United States ◽  
Death Sentence ◽  
Dramatic Reduction ◽  
Public Sentiment ◽  
Discernible Effect ◽  
The World ◽  
Important Trend

Undoubtedly the most important trend in capital punishment has been the dramatic reduction in the number of offenses statutorily punishable by the death penalty. About two hundred years ago England had over two hundred offenses calling for the death penalty; it now has four. Some countries have abolished capital punishment completely; a few retain it for unusual offenses only. The trend throughout the world, even in the great number of countries that retain the death penalty, is definitely toward a de facto, not a de jure, form of abolition. In the United States, where the death penalty is possible in three-fourths of the states, the number of executions has declined from 199 in 1935 to an average of less than three in the last four years. This change is related to public sentiment against the use of the death penalty and even more directly to the unwillingness of juries and courts to impose a first-degree sentence. The increasing willingness of governors to commute a death sentence and of courts to hear appeals also contributes to this decline. A review of the evidence indicates that use of the death penalty has no discernible effect on the commission of capital offenses (especially murder).

scholarly journals KEDUDUKAN DAN URGENSI HUKUMAN MATI TERHADAP PENANGGULANGAN PENGEDARAN NARKOTIKA DI INDONESIA DAN SEJUMLAH NEGARA DI DUNIA

2020 ◽  
Vol 9 (2) ◽  
pp. 155
Author(s):  
Zainul Arifin
Keyword(s):  
Human Rights ◽  
Young People ◽  
Death Penalty ◽  
Death Sentence ◽  
Legal Study ◽  
Life Sentence ◽  
The Law ◽  
The Right

Kedudukan hukuman mati terhadap pengedaran narkotika di Indonesia  sebagai strategi penanggulangan terhadap pengedaran narkotika  masih menimbulkan pihak yang menyetujui dan menolaknya. Pihak yang  menolak hukuman mati dikenakan pada pengedar nakotika dengan alasan hak asasi manusia atau hak keberlanjutan hidup terpidana, sedangkan ada kelompok yang menyetujui pelaksanaan hukuman mati yang juga dengan alasan demi kepentingan hak asasi manusia. Pihak yang menyetujui hukuman untuk pengedar ini menilai, bahwa sanksi yang dikenakan berupa hukuman mati dapat membuat jera atau takut calon-calon pelaku yang bermaksud mengedarkan narkotika atau hak hidup banyak generasi muda ikut diselamatkan menjadi korban kecanduan narkotika akibat ketakutan di kalangan calon-calon penjahat. hukuman mati bagi pengedar narkotika dalam kajian hukum positip sudah diatur dalam Undang-Undang Nomor. 35 tahun 2009 tentang Narkotika.Kata kunci: narkotika, hukuman, akibat, kedudukan, urgensi The death penalty for narcotics distribution in Indonesia as a counter strategy against narcotics distribution still raises those who approve and reject it. Parties that reject the death penalty are imposed on narcotics distributors on the grounds of human rights or the right to a life sentence, while there are groups that approve the execution of the death sentence as well as for the sake of human rights. The party who approved the sentence for the distributor ruled that sanctions imposed on the death penalty could scare or intimidate potential perpetrators who intend to distribute narcotics or livelihoods for many young people to be rescued as victims of narcotics addiction due to fear among potential criminals. the death penalty for narcotics traffickers in a positive legal study is set out in the Law of Numbers. 35 of 2009 on Narcotics. Keywords: narcotics, punishment, consequences, position, urgency

9. The death penalty

2015 ◽  
Author(s):  
Andrew Clapham
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Death Sentence ◽  
Change Over Time ◽  
World Today ◽  
Human Rights Treaties ◽  
The World ◽  
Procedural Safeguards ◽  
Rights Issue ◽  
Over Time

Attitudes with regard to what constitutes a human rights issue change over time. Is the death penalty a human rights issue? If we believe that torture and inhuman punishment is absolutely prohibited, then the ultimate irrevocable punishment of execution should also be prohibited at least as a form of inhuman punishment. ‘The death penalty’ considers how the human rights treaties that allow for the death penalty have been interpreted to include procedural safeguards, limits on which crimes may be punished with a death sentence, who may be executed, and prohibitions on certain forms of execution where the death penalty is still used around the world today.

scholarly journals Hukuman Mati Bagi Koruptor Pada Saat Keadaan Tertentu (Pandemi COVID-19) Perspektif Hukum Nasional dan Hukum Islam

2021 ◽  
Vol 15 (1) ◽  
pp. 137-150
Author(s):  
Dahyul Daipon
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Death Penalty ◽  
Criminal Law ◽  
Islamic Law ◽  
Positive Law ◽  
The Government

The current condition of the Covid-19 pandemic is a time where almost everyone feels social and economic difficulties. Communities whose regions apply restrictions/quarantines are highly dependent on assistance from the government. This paper is a study and analysis of one question how the death penalty can be applied to perpetrators of corruption during the Covid-19 outbreak or pandemic. In the criminal law that applies in Indonesia, the death penalty for perpetrators of criminal acts of corruption is contained in Article 2 paragraph 2 of Law no. 31 of 1999 concerning the Eradication of Corruption Crimes. Meanwhile, in Islamic law, corruption is categorized as jarimah ta'zir. The results of this study conclude that during a pandemic, the death penalty can be applied to corruptors in accordance with the provisions of Article 2 of the Anti-Corruption Law and the provisions of Islamic criminal law as jarimah ta'zir. There are fundamental differences in the application of the death penalty for corruptors according to positive law and Islamic criminal law, especially with regard to the conditions required for the imposition of the death penalty. Even though this seems cruel according to human rights supporters, this needs to be a concern for all law enforcers so that they can carry out strict law enforcement against perpetrators of corruption crimes during the pandemic.

scholarly journals Tindak Pidana Gratifikasi Perspektif Hukum Pidana ‎Islam dan Undang-Undang di Indonesia

2016 ◽  
Vol 2 (2) ◽  
pp. 360-384
Author(s):  
Ahmad Zakariyah
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Moral Sanction ◽  
The Law ◽  
One Year

Abstract: This article discusses the criminal acts of gratification on the perspective of Islamic criminal law and the law in Indonesia. In law, the perpetrator gratification will be sanctioned imprisonment and fine. For the giver of gratification would be punishable by a term of imprisonment of one year and a maximum of five years with a fine of not less than fifty millions and a maximum of two hundred and fifty millions. While for state officials who receive gratuities will be subject to imprisonment for life or a minimum of four years and maximum of 20 years with a fine of two hundred millions to one billion rupiahs. In the Islamic criminal law, both the giver and the receiver of gratification will be cursed by God dan both will be given ta’zîr. The ta’zîr sanctions can include the death penalty, flogging, imprisonment, exile, confiscation of goods/wealth, in the form of moral sanction of dismissal and announced whole communities.Keywords: Gratification, Islamic criminal law, legislation. Abstrak: Artikel ini membahas tentang tindak pidana gratifikasi perspektif hukum pidana Islam dan undang-undang di Indonesia. Dalam undang-undang, pelaku gratifikasi akan diberi sanksi penjara dan denda. Bagi pemberi gratifikasi akan diancam dengan pidana penjara paling singkat satu tahun dan paling lama lima tahun dengan denda paling sedikit lima puluh juta rupiah dan paling banyak dua ratus lima puluh juta rupiah, sedangkan bagi pejabat negara yang menerima gratifikasi akan diancam dengan pidana penjara seumur hidup atau paling singkat empat tahun dan paling lama 20 tahun dengan denda dari dua ratus juta rupiah sampai satu miliar rupiah. Dalam hukum pidana Islam, baik pemberi maupun penerima gratifikasi akan dilaknat oleh Allah swt dan keduanya akan diberikan sanksi ta’zîr. Sanksi ta’zîr bisa berupa hukuman mati, hukuman cambuk, penjara, pengasingan, perampasan barang/kekayaan, pemecatan dan sanksi moral berupa diumumkan kemasyarakat luas.Kata Kunci: Gratifikasi, hukum pidana Islam, undang-undang.

scholarly journals Case Settlement Based on the Baduy Indigenous Law System as a Contribution to the National Criminal Law

2020 ◽  
Vol 7 (7) ◽  
pp. 420
Author(s):  
M. Noor Fajar Al Arif Fitriana ◽  
I Nyoman Nurjaya ◽  
Abdul Madjid ◽  
Nurini Aprilianda
Keyword(s):  
Qualitative Analysis ◽  
Criminal Law ◽  
Customary Law ◽  
Law System ◽  
Indigenous Law ◽  
Positive Law ◽  
Long Time ◽  
Sense Of Justice ◽  
Case Based

Settlement of cases using positive law is felt to spend a lot of energy and a long time, this would turn around if the settlement using customary law, especially Baduy customary law which is simpler but does not reduce the sense of justice for the litigants from the statement raises the question of how the settlement of the case based on the Baduy system of law. This study uses a social antro legal approach with qualitative analysis.

Predictors of Death Penalty Views in China: An Empirical Comparison Between College Students and Citizens

2018 ◽  
Vol 62 (14) ◽  
pp. 4714-4735 ◽  
Author(s):  
Shanhe Jiang ◽  
Ming Hu ◽  
Eric G. Lambert
Keyword(s):  
College Students ◽  
General Population ◽  
Death Penalty ◽  
Criminal Law ◽  
Capital Punishment ◽  
Empirical Comparison ◽  
The World ◽  
Crime Types

China’s current Criminal Law has 46 death-eligible offenses, and China executes more people than any other country in the world. However, there is a lack of study of attitudes toward capital punishment for specific offenses, and no death penalty view comparison between college students and regular citizens in China was found. This study was taken to address these limitations. Using a sample of 401 respondents from Zhejiang, China, in 2016, the present study found that more than 72% of respondents favored the death penalty without any specification of crime types. Level of death penalty support differed by various specific crimes. As expected, relative to college students, general population citizens were more likely to support capital punishment. Both groups had the highest death penalty support for murder. The study also revealed similar and different reasons behind death penalty attitudes between college students and regular citizens.

scholarly journals PIDANA MATI DAN HAK ASASI MANUSIA

to-ra ◽  
2015 ◽  
Vol 1 (1) ◽  
pp. 57
Author(s):  
Nikson Gans Lalu
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Criminal Law ◽  
Life Time ◽  
Draft Code ◽  
Positive Law ◽  
The People ◽  
Pros And Cons ◽  
Individual Protection ◽  
The Individual

Death penalty is regulated in positive law of Indonesia, both governed in Civil Code and outside Code of Criminal Law, such in the Terrorism Law, Narcotics Law, and Corruption Crime Act Eradication Law. This indicates that death penalty is viewed as relevant in line with the crime dynamics growing in the community. Debates regarding death penalty among the pros and cons still take place in Indonesia so it raises a question among the people, how the existence of death penalty is seen of the viewpoints of Pancasila and Human Rights? Indeed, Pancasila contains balance value between one principle to another. If the Pancasila is seen partialy, then the answer arises on the question is the death penalty is contradictory to the Pancasila and Human Rights, however some answer also indicate it is not contracdictory to the Pancasila and Human Rights. National Draft Code of Criminal Law consistently retains the death penalty. However, in it‟s formulation policy remains considering the individual protection, namely enactment on provisions regarding “the suspension of death penalty execution” or “conditional death penalty, “if in the probation period (10 years) the convicted criminal does not show a good conduct, then the death penalty may be changed to life time imprisonment or 20 years imprisonment. The basic idea of maintaining the death penalty is to avoid people‟s demand/reaction which is revenge in nature or “extralegal execution” in nature.   Kata Kunci: Pidana mati

scholarly journals FOREIGN CONVICTS EXECUTION: CRIMINAL JURISDICTION BENEATH INTERNATIONAL TENSION

2017 ◽  
Vol 96 ◽  
Author(s):  
Tajudin . ◽  
Solihin Niar Ramadhan
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Criminal Law ◽  
Capital Punishment ◽  
Death Sentence ◽  
Foreign Nationals ◽  
Law System ◽  
Head Of State ◽  
National Jurisdiction ◽  
The Postponement

The existence ofthe death penalty remains a controversial issue in several countries around the world. Although many countries have abolished the death penalty in its criminal law system, Indonesia still retainsthe capital punishment within its criminal law policy.In Practice, theexecutionhasbeen implemented long agodespite the fact that it leaves a lot of problems. There are many reactions from other countries when prosecutors process to execute foreign nationals. On fact, many head of state request to president of Republic of Indonesia to change the punishment or give forgiveness.This journal will discuss the main problemsencountered in the implementation of the death penalty in Indonesia. The problems are: Firstly,the imposition of the death penalty for foreign nationals in order to implement the national jurisdiction underinternational community’s pressure. Secondly,the postponement of death sentence associated with the theory of retribution and human rights.<br />Keyword: The death penalty, retribution theory, human rights.

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