SANKSI PIDANA MATI TERHADAP PELAKU TINDAK PIDANA KORUPSI Repository

SANKSI PIDANA MATI TERHADAP PELAKU TINDAK PIDANA KORUPSI

JAJA SUBAGJA, 031217017333 (2016) SANKSI PIDANA MATI TERHADAP PELAKU TINDAK PIDANA KORUPSI. Disertasi thesis, UNIVERSITAS AIRLANGGA.

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Official URL: http://lib.unair.ac.id

Abstract

This research aimed to analyze and find the reasons of the philosophy of death penalty for perpetrators of corruption and character of corruption which are liable to the death penalty. The type of this research is legal research. The approach which is used in this research is statute approach, case approach, conceptual approach and comparative approach. There are two (2) conclusions in this research, among other reasons related to the philosophy of death penalty in corruption, namely (1) sanction of the death penalty does not contradict with the principle of Pancasila, human rights and the 1945 Constitution of The Republic of Indonesia (2) Corruption is extraordinary crime. (3) Death penalty in corruption is based on the theory of retaliation and the theory of equilibrium so that it does not contradict with the philosophy of punishment. (4) Death penalty was based on the reasons in weighting down of criminal on the basis of certain circumstances. (5) Death penalty is a form of justice for the people who are victims of the crime. (6) The perpetrator of corruption is public officials and (7) there is a financial loss to the state above Rp. 50,000,000,000, - (fifty billion rupiah) and the character of corruption that may be imposed or threatened with death penalty in addition to criminal sanctions of corruption in Article 2 paragraph (2) of the Corruption Law is corruption as referred to in Article 3 of Corruption Law Article 12 letters a, b, c and e Law of Corruption and gratuities of criminal offense referred to in Article 12 B of Corruption Law. The Suggestions put forward in this research is to changes Law of Corruption to regulate the addition of weighting criminal reasons against corruption in Article 3, Article 12 a, b, c, and e and Article 12 B of Corruption Law and increase the scope of the particular circumstances.

Item Type:

Thesis (Disertasi)

Additional Information:

KKB KK-2 Dis H 03/16 Sub s

Uncontrolled Keywords:

Corruption, death penalty, extraordinary crime

Subjects:

K Law > K Law (General)

Divisions:

03. Fakultas Hukum > Dasar Ilmu Hukum

Creators: