Syahrul Fadli, Amiruddin, Lalu Parman

Abstract:

This research is a normative research that discusses the formulation policy of capital punishment in corruption, where in the provisions of the legislation that is in Law Number 31 of 1999 Law No. 21 of 2000 concerning Eradication of Corruption. Where in Article 2 paragraph 2 it is said that capital punishment can be applied to certain circumstances. This particular category of circumstances in the explanation is explained if the country is in a state of danger, natural disaster, in a state of economic and monetary crisis and repetition of corruption. But in fact until now there is still no news of the corruptor getting a death sentence, because the policy formulation in the Corruption Eradication Act still feels not clear enough the purpose and purpose of entering the phrase is a certain situation, resulting in never imposed capital punishment against the perpetrator corruption. Methods the approach used in this study is the legislative approach, reviewing the laws and regulations related to related problems, conceptual approaches, namely assessing materials in the form of literature books, opinions of experts and obtaining related materials from the internet and so on. And in principle this study has the purpose, namely, to examine and analyze the Formulation of the Death Penalty System in Article 2 paragraph (2) of Law Number 31 of 1999 of Law Number 20 of 2001 concerning Eradication of Corruption. As well as reviewing and analyzing the Theoretical Aspects of the Criminal System of Death in Corruption in Indonesia. From the results of this study the formulation policy and theoretical aspects of capital punishment although there are various views that are pro and contra, but the national ideology of Pancasila does not prohibit the application of capital punishment as well as the Human Rights Law which has always been an obstacle to the application of capital punishment does not prohibit the application of capital punishment if you see the consequences of corruption which has claimed human rights, the consequences of the crime are categorized as extraordinary and appropriate for the application of capital punishment by ruling out the formulation in Article 2 paragraph 2 of the Law on Corruption Restriction. To be able to counterbalance corruption fairly and equally.

Keywords: death penalty, corruption crime

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