scholarly journals SANKSI PIDANA KEMATIAN BAGI ORANG KORUPSI DI INDONESIA (Death Criminal Sanctions For Personnel Of Corruption In Indonesia)

2021 ◽  
Vol 3 (2) ◽  
pp. 118-135
Author(s):  
Irvino Rangkuti, Alvi Syahrin, Suhaidi, Mahmud Mulyadi
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Shock Therapy ◽  
Death Sentence ◽  
Prison Sentence ◽  
Life Imprisonment ◽  
Republic Of China ◽  
Criminal Sanctions ◽  
Running Away ◽  
Economic Standpoint

The application of capital punishment itself has been regulated in Indonesia as contained in the law. Article 2 paragraph (2) of Corruption Act concerning Eradication of Corruption Crimes. According to Romli Atmasasmita, it was argued that the death penalty for corruptors was effectively implemented in the People's Republic of China (PRC), and it was quite successful to reduce corruption. This certainly can be used as an example in Indonesia in imposing capital punishment for corruptors. The imposition of capital punishment for perpetrators of corruption is urgently needed as "shock therapy" because psychologically the death penalty aims for the benefit of general prevention so that others do not participate in committing crimes. Also, the application of capital punishment is based on the reason that capital punishment is more certain than the prison sentence because the prison sentence is often followed by running away, forgiveness, or because of the release. When compared from an economic standpoint, basically the death sentence is more efficient when compared to life imprisonment. As for the problems that can be formulated, namely: legal arrangements regarding corruption in the Corruption Act; the application of capital punishment sanctions against perpetrators of corruption in Indonesia. The results of the study show that: Corruption is a type of extraordinary crime ("extra-ordinary crime") that must be handled extraordinarily, so that the act is contrary to the 1945 Constitution, therefore it does not need to be protected by the 1945 Constitution. accommodated in Article 2 paragraph (2) of the Corruption Act, must meet the requirements "in certain circumstances" by the Elucidation of Article 2 paragraph (2), but its application has never been implemented, so it is necessary to review the rules "in certain circumstances".

scholarly journals Life Imprisonment without Parole in China: Substituting Death for Economic Crimes

2021 ◽  
Vol VI (III) ◽  
pp. 13-26
Author(s):  
Hafiz Abdul Rehman Saleem ◽  
Imtiaz Ahmad Khan ◽  
Hamid Mukhtar
Keyword(s):  
Death Penalty ◽  
Justice System ◽  
European Convention ◽  
Death Sentence ◽  
Judicial Discretion ◽  
Life Imprisonment ◽  
Law Of Peoples ◽  
Republic Of China ◽  
Economic Crimes ◽  
Ninth Amendment

Life imprisonment without parole and commutation (LWOP) came under Ninth Amendment to the 1997 Criminal Law of Peoples Republic of China as a proviso to the suspended death penalty for corruption crimes. The legislative intent given for the arrival of new punishment depicts LWOP as a solution for the disparity in a suspended death sentence, controlling judicial discretion and proportional punishment for corruption which is debated as not an exhaustive and compelling justification. The manuscript addresses a substantive question; if LWOP is suitable for the criminal justice system in China? And is answered under three normative claims, namely necessity, effectiveness, and humanness.The examination of the topic contends LWOP is more of an effective tool in broader anti-corruption strategy than a need for domestic utilization.LWOP in China gives no hope of release and stands inconsistent with Article 3 of the European Convention on Human Rights

KEBIJAKAN MODERASI PIDANA MATI

2017 ◽  
Vol 10 (2) ◽  
pp. 193
Author(s):  
Mei Susanto ◽  
Ajie Ramdan
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Capital Punishment ◽  
Criminal Code ◽  
Right To Life ◽  
Life Imprisonment ◽  
Research Results ◽  
Moderation Model ◽  
The Right

ABSTRAKPutusan Nomor 2-3/PUU-V/2007 selain menjadi dasar konstitusionalitas pidana mati, juga memberikan jalan tengah (moderasi) terhadap perdebatan antara kelompok yang ingin mempertahankan (retensionis) dan yang ingin menghapus (abolisionis) pidana mati. Permasalahan dalam penelitian ini adalah bagaimana kebijakan moderasi pidana mati dalam putusan a quo dikaitkan dengan teori pemidanaan dan hak asasi manusia dan bagaimana kebijakan moderasi pidana mati dalam RKUHP tahun 2015 dikaitkan dengan putusan a quo. Penelitian ini merupakan penelitian doktrinal, dengan menggunakan bahan hukum primer dan sekunder, berupa peraturan perundang-undangan, literatur, dan hasil-hasil penelitian yang relevan dengan objek penelitian. Penelitian menyimpulkan, pertama, putusan a quo yang memuat kebijakan moderasi pidana mati telah sesuai dengan teori pemidanaan khususnya teori integratif dan teori hak asasi manusia di Indonesia di mana hak hidup tetap dibatasi oleh kewajiban asasi yang diatur dengan undang-undang. Kedua, model kebijakan moderasi pidana mati dalam RKUHP tahun 2015 beberapa di antaranya telah mengakomodasi amanat putusan a quo, seperti penentuan pidana mati di luar pidana pokok, penundaan pidana mati, kemungkinan pengubahan pidana mati menjadi pidana seumur hidup atau penjara paling lama 20 tahun. Selain itu masih menimbulkan persoalan berkaitan dengan lembaga yang memberikan pengubahan pidana mati, persoalan grasi, lamanya penundaan pelaksanaan pidana mati, dan jenis pidana apa saja yang dapat diancamkan pidana mati.Kata kunci: kebijakan, KUHP, moderasi, pidana mati. ABSTRACTConstitutional Court’s Decision Number 2-3/PUU-V/2007, in addition to being the basis of the constitutionality of capital punishment, also provides a moderate way of arguing between retentionist groups and those wishing to abolish the death penalty (abolitionist). The problem in this research is how the moderation policy of capital punishment in aquo decision is associated with the theory of punishment and human rights and how the moderation policy of capital punishment in the draft Criminal Code of 2015 (RKUHP) is related with the a quo decision. This study is doctrinal, using primary and secondary legal materials, in the form of legislation, literature and research results that are relevant to the object of analysis. This study concludes, firstly, the aquo decision containing the moderation policy of capital punishment has been in accordance with the theory of punishment, specificallyy the integrative theory and the theory of human rights in Indonesia, in which the right to life remains limited by the fundamental obligations set forth in the law. Secondly, some of the modes of moderation model of capital punishment in RKUHP of 2015 have accommodated the mandate of aquo decision, such as the determination of capital punishment outside the main punishment, postponement of capital punishment, the possibility of converting capital punishment to life imprisonment or imprisonment of 20 years. In addition, it still raises issues regarding the institutions that provide for conversion of capital punishment, pardon matters, length of delay in the execution of capital punishment, and any types of crime punishable by capital punishment. Keywords: policy, criminal code, moderation, capital punishment.

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).

The Origins of LWOP in California

2021 ◽  
pp. 16-48
Author(s):  
Marion Vannier
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Penal Code ◽  
Archival Research ◽  
Life Imprisonment ◽  
Novel Approach ◽  
Capital Murder ◽  
Historical Investigation ◽  
Prison Wardens

Chapter 1 turns to the Californian Congress where opponents of the death penalty first lobbied for LWOP before legislators. It critically examines the period during which the idea of sentencing offenders to life imprisonment with no possibility of release first emerged, starting in the early 1900s and culminating with the introduction of LWOP for capital murder in 1978 in the Californian Penal Code. What emerges from this archival research is that different experts—prison wardens, police officials, academics, spiritual leaders, and criminologists—offered LWOP as a strategic way for legislators to argue against the death penalty. This novel approach was however diverted from its progressive endeavours to serve more punitive agendas. Legislators concerned with preserving capital punishment in contexts of sensationalized crimes and early forms of populist demands drove the reforms that introduced LWOP. This historical investigation reveals that the punishment’s particular severity can serve agendas which are seemingly in tension with one another.

The Death Penalty — Response

1991 ◽  
Vol 25 (3-4) ◽  
pp. 512-523
Author(s):  
Leon Sheleff
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Public Interest ◽  
Due Process ◽  
Statistical Data ◽  
Judicial System ◽  
Life Imprisonment

One of the most disturbing aspects of examining the extensive capital punishment debate, with its clear indications of discriminatory practices, ambiguous judicial directives, undeniable miscarriages of justice, controversial statistical data, and inept, inconsistent and/or unjust implementation, is the constantly gnawing thought that if this is the situation vis-à-vis what is considered the most extreme penalty with its special super due process, then what is happening in the cases of lesser penalties. These latter cases of petty thieves sentenced to years of incarceration for relatively minor delinquencies, of accused inadequately defended without appeals being lodged within the judicial system or public interest shown, of compulsory life imprisonment without parole, no doubt reflect all of the faults and errors of capital punishment.

The Execution of Wallace Wilkerson

2017 ◽  
Vol 42 (4) ◽  
pp. 349-367 ◽  
Author(s):  
James R. Acker ◽  
Ryan Champagne
Keyword(s):  
Criminal Justice ◽  
Supreme Court ◽  
Death Penalty ◽  
Capital Punishment ◽  
Death Sentence ◽  
Legal Documents ◽  
Judicial Decisions ◽  
Firing Squad ◽  
Lethal Injection ◽  
The U.S

Wallace Wilkerson was executed by a Utah firing squad in 1879 after the U.S. Supreme Court affirmed the constitutionality of his sentence. Shots from the marksmen’s rifles missed his heart. Not strapped into the chair where he had been seated, Wilkerson lurched onto the ground and exclaimed, “My God!…They missed it!” He groaned, continued breathing, and was pronounced dead some 27 min later. Relying on contemporaneous news accounts and legal documents, this article describes Wilkerson’s crime, the judicial decisions upholding his death sentence, and his execution. It next examines ensuing methods of capital punishment from the electric chair through lethal injection and notes persistent gaps between principle and practice in the continuing quest for increasingly humane modes of execution. The article concludes by suggesting that Wilkerson’s botched firing squad execution harbingered difficulties which continue to plague capital punishment. The implications for the future of the death penalty—a long-standing and resilient practice in American criminal justice—and the ultimate legacy of Wallace Wilkerson remain uncertain, although starkly evident is the daunting and perhaps impossible challenge of reconciling the paradox inherent in the concept of a “humane execution.”

scholarly journals Formulative Policy of Death Penalty for Corruptors in Indonesia

2020 ◽  
Vol 4 (2) ◽  
pp. 55-69
Author(s):  
Ni Wayan SINARYATI ◽  
I Gede ARTHA
Keyword(s):  
Law Enforcement ◽  
Death Penalty ◽  
Capital Punishment ◽  
Legal Research ◽  
Criminal Sanctions ◽  
Analysis Technique ◽  
Library Studies ◽  
The Republic ◽  
The Government ◽  
Materials Used

Corruption is committed by state officials, law enforcement and other related parties. Various efforts have been made by the government in preventing and eradicating corruption in Indonesia, but the efforts that have been made have not yet gotten optimal results. The fundamental weakness in eradicating corruption in Indonesia is the formulation of the main criminal sanctions in the form of criminal threats that are facultative, uncertain or must be. So that the corruptors are never deterred or afraid. In the future, the legislators need to reformulate the provisions of Article 2 paragraph (2) of the Republic of Indonesia Law Number 31 of 1999 as amended to Law of the Republic of Indonesia Number 20 of 2001 concerning Eradication of Corruption. Various criminal law policies still need to be carried out by the state in order to eradicate corruption to achieve the expected results. This type of research in this paper uses the type of normative legal research. The type of approach is in the form of a legal approach related to corruption. There are two legal materials used, namely primary legal materials and secondary legal materials, with legal material collection techniques used in the form of library studies. The analysis technique used is descriptive, interpretation, evaluation and argumentative techniques. The research in this paper intends and aims to examine and analyze the facts and phenomena of corruption that are stated in specific legislation concerning criminal sanctions (capital punishment) for corruptors in Indonesia. Moreover, corruption is qualified as an extraordinary crime so it needs extraordinary handling as well.

scholarly journals PIDANA PENJARA SEUMUR HIDUP ATAU PIDANA MATI (KONFIGURASI DILEMATIS ANTARA HUKUM DAN KEMANUSIAAN)

2020 ◽  
Vol 8 (12) ◽  
pp. 1984
Author(s):  
I.G.A.A Fitria Chandrawati
Keyword(s):  
Criminal Law ◽  
Capital Punishment ◽  
Descriptive Analysis ◽  
Right To Life ◽  
Life Imprisonment ◽  
Daily Newspapers ◽  
Analysis Techniques ◽  
Criminal Sanctions ◽  
Psychological Suffering ◽  
The Right

Tujuan Penelitian adalah untuk menganalisis sanksi pidana penjara seumur hidup menjadi alternatif dari penjatuhan sanksi pidana mati  dan mengidentifikasi esensi antara pidana penjara seumur hidup dengan pidana mati. Penelitian ini memakai jenis penelitian hukum normative dengan pendekatan perundang-undangan, pendekatan historis dan kasus. Dengan ditunjang bahan hukum primer beberapa undang – undang yang menganut penerapan pidana mati, bahan sekunder teks – buku – buku hukum pidana, bahan jurnal – jurnal hukum, bahan tersier, kamus, ensiklopedi, harian surat kabar, teknis analisis deskriptif interpretatif – evaluatif argumentatif. Dengan simpulan temuan bahwa pidana penjara seumur hidup  sering sebagai alternatif (pengganti) dari pidana mati guna menghindari kekeliruan dalam penjatuhan sanksi, juga untuk menghargai hak hidup seseorang sesuai prinsip HAM. Esensi pidana penjara seumur hidup dibandingkan dengan pidana mati sama – sama menyebabkan penderitaan fisik dan psikis bagi terpidananya, sanksi pidana tetap menimbulkan rasa derita, pembalasan dan sebagai bentuk pertanggung jawaban hukum bagi pelaku tindak pidana. The aim of this research is to analyze life criminal law into criminal sanctions and verified life imprisonment. This research using a type of normative legal research with an approach legislation, historical approach and case approach. With supported by primary legal material several laws that adhere application of capital punishment, secondary legal materials in the form of texts, books criminal law, legal journals, tertiary material in the form of dictionaries, encyclopedias, daily newspapers and using material analysis techniques law in the form of descriptive analysis techniques interpretative-evaluative-argumentative, with the conclusion that life imprisonment often as an alternative (substitute) to capital punishment to avoid mistakes in imposing sanctions, too to better respect the right to life of a person according to human rights principles. Essence life imprisonment compared to capital punishment together causing physical and psychological suffering for the conviction, sanctions crime still causes pain, retribution and forms legal liability for perpetrators of criminal acts.

scholarly journals Long-Term Sentence in the Laws of the Former SFRY and Contemporary European Criminal Law

2021 ◽  
Vol 11 (11) ◽  
Author(s):  
Marina Simović ◽  
Vladimir Simović
Keyword(s):  
20Th Century ◽  
Death Penalty ◽  
Criminal Law ◽  
The Other ◽  
Criminal Sanction ◽  
Prison Sentence ◽  
Life Imprisonment ◽  
Conditional Release ◽  
European Criminal Law

Life imprisonment is the term for a prison sentence based on which a convicted person remains in prison for their whole life. After the death penalty, it is the severest criminal sanction. Many countries have introduced it in their legislation as a substitute for the death penalty. On the other hand, many legislations have, along with the long-term sentence, introduced the possibility of the convicts’ release, most often conditional release. From the second half of the 20th century onwards, life imprisonment as well as the death penalty has most often been regarded an inhumane and inefficient sanction, given that people sentenced to life imprisonment are considered permanently excluded from society, that is, losing any kind of interest in rehabilitation. This paper analyses the issues related to long-term sentences - life imprisonment in the countries of the former Socialist Federal Republic of Yugoslavia (SFRY) and in the contemporary European criminal law.

scholarly journals Kantian and Utilitarian Ethics on Capital Punishment

2019 ◽  
Vol 2 (2) ◽  
pp. 28-35
Author(s):  
Mfonobong David Udoudom ◽  
Samuel Akpan Bassey ◽  
Okpe Okpe ◽  
Timothy Adie
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Life Imprisonment ◽  
The World

It is an indisputable fact that most societies in the world agrees that if a person violates the laws, he/she should be penalized.  However, the variations appear when it involves what sensibly punishment ought to be applied, predominantly for major crimes like murder. Death penalty, which as well referred to as execution or capital punishment, is one amongst these variations which have caused several arguments and debates between its opponents and supporters. Today, numerous countries are attempting to seek out different sanctions for major crimes like life imprisonment relatively to capital punishment. This research tries to take a look at the idea of capital punishment from Kantian and Utilitarian ethics perspectives.

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