Konsep Pencabutan Hak Politik Secara Permanen Bagi Pelaku Tindak Pidana Korupsi Berdasarkan Nilai Keadilan

Jailani, . (2020) Konsep Pencabutan Hak Politik Secara Permanen Bagi Pelaku Tindak Pidana Korupsi Berdasarkan Nilai Keadilan. Doctoral thesis, Universitas 17Agustus 1945 Surabaya.

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Abstract

The Coruption in Indonesia has been spread in the society it is increased from year, both in the number of cases or amount of state financial losses and the quality of criminal acts which carried out more systematic and its scope which entered to the whole aspect of society recently, the type of corruption that commonly happened is political corruption committed by public officials, such as the regional head, Member of legislative assembly, regional legislative assembly, etc. As a prevention effort and the eradication of the corruption, law enforcement officer especially KPK make a break through by proposing addional criminal charges with a revocation sentence of political right. This is not a new sectence, but has previously stated in Article 35 paragrap (1) of the criminal code, but it is rarely used by law enforcement officers. The type of this research is a normative juridical research which focused on literature study, the acquired data either from literatur research or fild research analyzed using normative descriptive approach. Legally, the implementation of the revocation sentence of political right in corruption cases is according to the Article 18 paragragh (1) Law No. 20 of 2001 jo. Article 10 letter b numeral 1 of the criminal code. The parameters used to determine whether the judge would drop the revocation sentence of political right or not are the position of the accused, the characteristic of the crime, judges also had to determine the period of the revocation of the right appropriate with Article 38 paragraph (1) of the code. Revocation of political right increasingly has urgency with the issuance of PKPU regulation Number 20 concerning the nomination of members of the DPR, provincial DPRD and regency and city DPRD. This PKPU decision is contrary to MK decision Number 42/PUU-XII/2015 and articel 240 paragrap (1) letter g of law 7 of 2017 concerning general election. Keyword : Corruption, Additional Sentencing, Political Rights.

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