Kebijakan Formulasi Hukum Pidana Mati Terhadap Pelaku Tindak Pidana Korupsi Di Indonesia

Abstract

This research is motivated by high corruption cases in Indonesia. In fact, in Indonesia, corruption cases have been threatened with death penalty as stipulated in Law no. 20 of 2001 on Amendment to Law Number 31 Year 1999 concerning the Eradication of Corruption. But the problems that exist in the current conditions, some Indonesian people who reject the death penalty and fight for the abolition of capital  punishment  in  the  punishment  system  in  Indonesia,  on  the  grounds  of  questioning  the effectiveness of the implementation of the Act, to provide a deterrent effect and efforts to eradicate the perpetrators of action criminal corruption.  The blade analysis in this research is the theory of law enforcement system and the theory of punishment. This research uses normative juridical method with data collection method of literature study.

The  results  of  this  study  indicate  that  the  formulation  policy  of  capital  punishment  law  against perpetrators of corruption in Indonesia currently still leaves difficulties where there is still a lot of rejection of the policy but in determining the standard of punishment for convicted corruption good "good"  is still  considered to  have  no deterrent  effect for the  culprit. The  implementation of the formulation policy of capital punishment law against corruption perpetrators in Indonesia is also in accordance with several law enforcement policies in several countries such as China, Iran, Pakistan, Saudi Arabia, United States Iraq, Somalia, Egypt, Chad, Yemen, Taiwan , South Sudan, Bangladesh, Singapore, Japan, Sudan, Jordan, Oman, Afghanistan, India UAE, Malaysia, North Korea and Vietnam. Seeing some of the implemented policies has been commonly implemented in some countries and although now the policy still raises debate over the punishment that does not eliminate the prison of convicted perpetrators through the death penalty, then to overcome the problems can be formulated policy formulation of capital punishment law against perpetrators of corruption in Indonesia in the future by making some exceptions.

 Keywords: policy, criminal law, corruption, death penalty