Reconstruction of Death Penalty Sanctions for Perpetrators of Corruption in Law Number 31 of 1999 concerning Eradication of Corruption Article 2 Paragraph (2)Tinuk Dwi Cahyani
Tinuk Dwi Cahyani

Faculty of Law, University of Muhammadiyah Malang, Malang.

Abstract

Corruption has been through an uncontrollable development, even in criminological studies, perpetrators of corruption have prepared legal instruments to deceive the prosecution of the public prosecutor because corruption seems to be a legitimate and legal transaction. In committing a corruption, often it is not done by an individual, even in groups, in a congregation with many relatives, especially in institutions, agencies such as the legislature. Seeing it is done in together or in one group as if at first the act was against the law, then it becomes the act that is not illegal was done because many people did it. This is what is interesting to study, in order the perpetrators are deterred and effective in preventing criminal acts of corruption, which in Law Number 31 of 1999 concerning Eradication of Corruption Article 2 Paragraph (2) In the case of criminal acts of corruption as referred to in paragraph ( 1) carried out in certain circumstances, the death penalty may be imposed. What is meant by ^certain circumstances^ in this provision is meant as a deterrent to the perpetrator of the criminal act of corruption if the criminal act is committed when the country is in a state of danger under the applicable law, when a natural disaster that affects state as a whole occurs, as a repetition of the criminal act of corruption. or when the country is in a state of economic and monetary crisis. In this case, the researcher is interested in taking the formulation of the problem of proper reconstruction for Article 2 paragraph (2) of Law Number 31 of 1999 concerning Eradication of Corruption to be effective. The legal methodology used is the juridical normative method. The approach used is the statue approach and the comparative approach. Types and sources of legal materials used are primary legal materials, in the form of legislation and secondary legal materials in the form of libraries in the field of law and scientific articles from both newspapers and the internet.

Keywords: Death Penalty Sanctions, Corruption

Topic: Law