PRO CONS EXISTENCE OF DEATH PENALTY IN CASE CRIME OF CORRUPTION IN INDONESIA
Abstract : Indonesia has 71 years building his conduct on the basis of civilization and cultural independence of the nation whose ideology Pancasila and the 1945 Constitution ideals to be realized is the realization of just and prosperous life of a nation that aterial and spiritual ! ber"etuhanan aied as uch as possible for the prosperity of the people# In realizing this$ the proble of corruption is the biggest developent and welfare of the Indone Indonesian sian people# people# %he %he lac" of deterre deterrent nt effect effect of criina criinall sanctio sanctions ns for the culpri culpritt causing the proliferation of perpetrators of corruption on all fronts# &nder penalty of death penalty for perpetrators of corruption is considered to be one of the solutions deterrent for the perpetrators# 'ules of the death penalty for perpetrators of corruption still causes a lot of pros and cons on the preises# In connection with this$ this paper will outline the pros and cons of the e(istence of the ipleentation of the death penalty to cases of corruption in Indonesia# A. Preface face
Indonesia has 71 years building his conduct on the basis of civilization and cult cultur ural al inde indepe pend nden ence ce of the the nati nation on whos whosee ideo ideolo logy gy Panc Pancasi asila la and and the the 1945 1945 Constitution ideals to be realized is the realization of just and prosperous life of a nation nation that that ateria ateriall and spiritu spiritual al ! ber"et ber"etuha uhanan nan## )uccess )uccesses es have have been been achiev achieved# ed# *evelopent with a planning odel that deterines the priorities of first choice in the ipleentation of developent is the creation of national stability in the life of politics and security and accopanied by sufficient econoic developent for nations living hajad it also raises new probles that ust be addressed# Corruption is one word that is +uite popular in the counity and has been the subject of daily conversation# ,evertheless$ ,evertheless $ there are still s till any people who do not "now "now what what corru corrupt ptio ion# n# In -..1 -..1 an aen aend den entt to /ct ,o# ,o# 01 of 1999 1999 on the the radication of Corruption /ct ,o# -. of -..1# In the new /ct is ore described eleents in the articles of the draft Criinal 2aw 3 Criinal Code$ which was originally only entioned only in 2aw ,o# 01 of 1999# In genera general$ l$ people people underst understand and corrup corruptio tion n as soeth soething ing erely erely state state loss# loss# hereas in 2aw ,o# 01 of 1999 in conjunction with 2aw ,o# -. of -..1 on Corruption radication$ there are 0. "inds of corruption# /ll 0. types of corruption that can basically be grouped into seven$ naely6 i the financial losses of the )tate ii bribery iii ebezzleent ebezzleent in office office iv e(tortion e(tortion v s"ulldugg s"ullduggery ery vi conflict conflict of interest in procureent and vii gratification# 8orulation of capital punishent in the laws and regulations in Indonesia has always been poleics reap the pros and cons of various circles of society# /part fro that$ the threat of capital punishent in 2aw Corruption does not see to ean anything because the application is ignored by law enforceent officials# %he debate on the death penalty also reains grounded$ because in reality$ internationally and regionally$ the countries in the world is being led to be in the thought and collective agreeents to abolish the death penalty# ased on 'esolution -:57 of 1971 and 'esolution 0-!;1 of 1977$ the &nited ,ations has ta"en steps
announced the abolition of the death penalty as a universal goal to be achieved$ albeit on a liited basis applied for soe cries# )everal regional conventions have also been agreed in order to encourage the abolition of the death penalty$ including the uropean Convention on the Protection of
B. Im!eme"tat#$" C%a!!e"&es Cr#m#"a! Dea' $" C$rr(t#$"
/s efforts to control corruption as an e(traordinary crie$ legislators forulated soe iportant things$ which are supposed to be used as a tool to ensnare and bring a deterrent effect to the perpetrators$ the burden of proof reversed and severe sanctions$ including the death penalty# Policy forulation of clauses relating to both of these of course are based on thin"ing and otivated by a desire to eradicate corruption#
udicial Coission Chairan usyro ?u+odas$ there are three ain criteria that a"e a decent perpetrators of corruption was sentenced to death6 1# %he value of the ebezzled state funds of ore than 'p 1.. billion and assively scale has been detriental to the people
-# %he perpetrator of corruption of the state officials 0# %he perpetrator of corruption has been repeatedly corruption# %he death penalty has been stipulated in /rticle -$ paragraph - of 2aw ,o# 01 @ear 1999 on radication of Corruption /ct which states6 3- In the case of corruption as referred to in paragraph 31 shall be done in certain circustances$ the death penalty can be iposed# In the e(planation of /rticle - paragraph 3- hat is eant by Aparticular circustancesA in this provision is a condition that can be a reason weighting punishent for perpetrators of corruption ie when the offense is coitted against the funds earar"ed for coping with the hazards$ natural disasters national$ social unrest is widespread$ the econoic and onetary crisis anageent$ and the repetition of acts of corruption# Bne of the causes of the nonapplication of capital punishent to
criinals for the forulation of a sentence of death$ followed by the ters of the Aparticular circustancesA 3/rticle - 3-# In e(planation of this article forulated that$ which referred to the situation with the Aparticular circustancesA in this provision intended as a weighting for perpetrators of corruption if the crie was coitted at a tie of national eergencies in accordance with the legislation in force$ at the tie of national disaster$ as the repeated corruption$ or at the tie of a state of econoic and onetary crisis# %he aboveentioned provision received responses fro /rtidjo /l"ostar$ which states that the provision of corruption coitted during national eergencies$ natural disasters nationwide$ repetition of corruption$ or the country in a state of econoic and onetary crisis$ even contradiction with the eradication of corruption because it is not clear paraeters# )uch a stateent would be undisputed if confronted with the necessity of a judge to be creative within the eaning of the provisions of /rticle 5 31 of 2aw ,uber 4: @ear -..9 regarding >udicial Power$ in which the judge shall e(plore$ and understand the values of law and a sense of justice in the society# %hus$ the vagueness of the paraeters defined above is not the reason which led up to now there has been no death penalty for corruptors in Indonesia# %he stiffest sentence ever iposed against corruptors in Indonesia is a life sentence ever subjected to *ic"y Is"andar *inata that tie found guilty of corruption repeatedly$ the an" *uta and an" ,I#
C. Pr$s C$"s E)ec(t#$" $f Cr#m#"a! Dea' I" Case $f C$rr(t#$" /rticle - 3- of 2aw ,o# 01 of 1999 on Corruption radication governing ay be liable to the death of a corrupt person$ in fact never ipleented because of certain re+uireents are not et by the state of criinals# %his indicates that$ regardless of the repetition of criinal acts$ the iposition of capital punishent on criinals$ it can only be done if the country is in a state of Ae(ceptional$A the country was in danger in accordance with the legislation in force$ is going national disaster$ or at the tie of a state of econoic and onetary crisis# /n unusual circustances$ the paraeters re+uire a long debate#
C.*. Part#es Pr$ A&a#"st E)ec(t#$" $f Cr#m#"a! Dea' I" Case $f C$rr(t#$" %he death penalty is now being done or difonis"an in people who are guilty and who are forced to accept error friend or prosecutor who accepts oney to judge soeone# ,owadays a lot of people who thin" or begin to wonder why the death penalty is very often given when violating the concept of religion# /s we "now that Dod forgive his people that a very large ista"e# ?a"e soeone dies because it is also a violation of his right not our rights as huan beings# )oe people argue that the death penalty is still a positive law$ because the death penalty should be iposed on death row# /ttitude is based on the ipleentation of restrictions on rights and freedos$ which reads6 AIn e(ercise their rights and freedos$ everyone shall be subject to the restrictions set forth ### ##Eenyataannya /ct$ the death penalty is still listed in the Criinal Code and the /ct states this#
In ters of the law itself$ we "now that the death penalty is a for of criinal sanction that contain the entire provisions and restrictions as well as forcing the inate# %hese sanctions ai to uphold the rule of law and preventively will a"e people afraid of offenses that have been set# %he inate becae a frightening e(aple for everyone to coit an offense# %he purpose of capital punishent is retaliation is ore proinent in priitive societies$ sin against the bac"drop of religious views to erase ista"es with the suffering accordingly$ a deterrent to perpetrators of other cries# %he death penalty is also intended to protect the public interest and iprove the criinals who coit cries# %hose who support the death penalty$ said ore severe punishent a"es people ore wary of cries# %hey also say that the death penalty in accordance with legislation that recognizes the a(iu punishent is the death penalty# %he legality of the death penalty in Indonesia was not derived fro the Code of Penal 3Penal Code# In the oo" of the 2aw of Criinal 2aw 3Penal Code$ the death penalty is a principal punishents entioned in addition to a prison sentence$ a shortage$ and fines# %he death penalty in Indonesia is regulated in /rticle 1. of the Criinal Code# In /rticle 1. of the Penal Code which contains two "inds of punishent$ the principal penalty and additional penalties# Principal punishent$ consisting of6 %he death penalty$ iprisonent$ iprisonent and fines /dditional punishent consists of6 *eprivation of certain rights$ deprivation of certain goods and the announceent of the verdict# Procedure for e(ecution of the death penalty stipulated in 2aw - ! Pnps ! 19;4 is guided to date# In the Criinal Code there are several articles containing death threats$ naely /rticle 1.4 of the Criinal Code on cries against state security 3treason$ /rticle 04. of the Criinal Code on preeditated urder$ /rticle 111 Paragraph 3- Criinal Code of conduct relations with foreign countries so that there is a war$ /rticle 1-4 paragraph 30 Criinal Code of treason in tie of war$ /rticle 1-4 3bis Criinal Code of inciting and eases the elee$ /rticle 14. paragraph 30 Criinal Code on preeditated urder of the head of friendly countries$ /rticle 149 " paragraph 3- Penal Code and o /rticle 14: paragraph 3- Criinal Code of crie low and ediu low$ /rticle 444 of the Criinal Code of sea piracy that resulted in the death and /rticle 0;5 paragraph 34 of the Criinal Code allied theft with violence resulting in serious injury or death# %he death penalty has been stipulated in /rticle -$ paragraph - of 2aw ,o# 01 @ear 1999 on radication of Corruption /ct which states6 3- In the case of corruption as referred to in paragraph 31 shall be done in certain circustances$ the death penalty can be iposed# 'ules on capital punishent against perpetrators of corruption could not be ipleented because until now there has been no further ipleenting rules on the atter# Droups for an arguent that supports the death penalty# %he ain reason is the death sentence give effect to prevent against public officials who coit corruption# If realized would be put to death$ officials said at least will thin" a thousand ties for corruption# corruption is an e(traordinary crie that outraged huanity# Corruption is
a crie against huanity that violates the right to life and huan rights are not only one$ but illions of people# Indonesia is one of the countries that are de yure retentionist and de facto recognize the death penalty#
C.+. Part#es C$"s A&a#"st E)ec(t#$" $f Cr#m#"a! Dea' I" Case $f C$rr(t#$" %he debate over the death penalty continues to be the pros and cons between various circles# Counter parties considered that the death penalty is inhuan and violates huan rights 3
1) Second Optional Protocol to the International Covenant on Civil and Political Rights, 2) Protocol to the American Convention on Human Rights to Abolish the eath Penalt!, ") Protocol #o$ % to the &uropean Convention 'or the Protection o' Human Rights and (undamental (reedoms 1*2 +&uropean Convention on Human Rights, ) Protocol #o$ 1" to the &uropean Convention 'or the Protection o' Human Rights and (undamental (reedoms 2--2 +&uropean Convention on Human Rights)$ Bf the four instruents above$ only the first instruent that is international$ while the ne(t three are regional instruents# )econd Bptional Protocol to the International Covenant on Civil and Political 'ights 3)BP$ which has the power by law 3entry into force since >uly 11$ 1991 up to now been ratified by 49 countries and signed by seven other countries# %his protocol re+uires that the countries that have ratified the 3state parties to abolish e(ecutions and the death penalty in legislation and in practice# )econd Bptional Protocol to postulate the need for the death penalty reoved$ with reference to /rticle 0 of the &niversal *eclaration of
,o one should be ta"en for his life arbitrarily# %he &niversal *eclaration of paragraph 3- of the 1945 Constitution is that sedi"t opposites# /rticle -: paragraph 31 of the 1945 Constitution reads6 A%he right to life$ freedo fro torture$ freedo of thought and conscience$ freedo of religion$ the right not to be enslaved$ the right to recognition as a person before the law$ and the right not to be prosecuted on the basis of retroactive law$ is a huan right that can not be reduced under any circustances A# ut /rticle -:> paragraph 3- of the 1945 Constitution states6 AIn e(ercise their rights and freedos$ everyone shall be subject to the restrictions established by law with the sole purpose of securing due recognition and respect for the rights and freedos of others and to eet the deands fair in accordance with considerations of orality$ religious values$ security and public order in a deocratic society# A ehold$ /rticle -:> paragraph 3- of the 1945 Constitution is an e(ception to /rticle -: paragraph 31 1945# If erely reading /rticle -: paragraph 31 of the 1945 Constitution that$ ipressions and captured the first essage is as though our constitution A prohibit the death penalty A$ but as we read as a whole /rticle -: paragraph 31 of the 1945 Constitution and /rticle -:> paragraph 3- of the 1945 Constitution$ then one can draw a conclusion that$ the right to life$ freedo fro torture$ freedo of thought and conscience$ freedo of religion$ freedo fro enslaveent$ recognition as a person before the law$ and the right not to be prosecuted based on retroactive law$ is a huan right that can not be reduced under any circustances$ but the e(ercise of these rights can be liited and even eliinated its ipleentation as long as6 a# In accordance with the law b# In accordance with oral considerations c# In accordance with religious values d# In accordance with the security and public order# In other words$ Ae(clusionA guarantee the rights contained in /rticle -: paragraph 31 of the 1945 Constitution it is possible if based on the law$ considerations of orality$ religious values$ for the sa"e of security and public order# ven ore iportant is the death penalty is still needed because of the actions of the perpetrators theselves were no longer pay attention to the huanitarian aspects of
life 3both of Pancasila )ila and life penuhdengan social justice 3)ila fifth of Pancasila# 8ro the aspect of
une+uivocal so as to avoid ultiple interpretations and doubts in its application# ?oreover$ the death penalty ust be very careful to be downed# In the Indonesian criinal justice syste which law enforceent officers are often involved in corruption as now$ soeone very li"ely to be victis of isguided justice 3iscarriage of justice# %herefore$ to prevent a iscarriage of justice accused of corruption should be given the right to ta"e legal actions were fair# /nd if finally sentenced to death$ convicted of corruption still have a chance to see" a pardon or get special nature of the iposition of the death penalty$ as forulated in the concept of the national Criinal Code#
D. C$mar#s$" Ot%er c$("tr#es C$"'(ct#"& Cr#m#"a! Dea' I" Case $f C$rr(t#$" Corruption is a ajor proble that ust be faced by each country# ,ot surprisingly$ if a country a lot of corruption$ that country will becoe poor# %hatHs why corruption can be considered a parasite that ust be eradicated# %al"ing about the law for the corrupt in Indonesia$ is still +uite wea"# )o there are any officials who dared to coit this heinous act#
1# )ingapore /lthough a sall country$ )ingapore is a developed country with a prosperous society# In addition$ )ingapore is a country with the lowest corruption# ,ot because the punishent of criinals is death# In the period 19941999 the death penalty has been carried out ore than a thousand people# ,ot only corruption was sentenced to death$ the urderers$ drug traffic"ing$ and other toplevel cries can the death penalty is threatened# -# Gietna Gietna is also included as one of the countries that e(ecuted the corruptors# &sually the death sentence given to state officials convicted of corruption# In -.10 then$ a governent official Ehai uang was sentenced to death for corruption does# /ccording to Gietnaese law$ the graft is ore than 'p -:0 illion will is threatened the death penalty# 0# ,orth Eorea Ei >ong&n$ the leader of the socialistcounist state appeared to have a terrible way in ters of e(ecuting the corruptors# It was evident after Ei e(ecuting his uncle$ >ang )ong %hae" ugly anner#
addition to )ong$ there are any other officials who had e(ecuted a variety of reasons$ not just because of corruption# 4# China China is arguably the country did ost of the death penalty for corrupt officials# 8or anyone that corruption is ore than &)* 190 illion$ could convict the death penalty# 8or e(aple$ the Chinese ?inistry of 'ailways$ 2iu Jhijun$ who was sentenced to death for corruption aounting to &)* 10 illion fro the period 19:;-.11# In addition there are any other criinals who have been sentenced to death# 5# %aiwan In %aiwan$ the e(ecution granted to perpetrators of corruption$ urder and drug traffic"ing# efore the year -... was the level of the death penalty is carried out in %aiwan is very high#
1 Conclusion Cobating corruption re+uires a willingness and seriousness of all parties$ the e(ecutive$ legislature and judiciary# / legislation on Prevention of Corruption good would just be words die if law enforceent officers do not have a good oral integrity to tac"ling corruption# asic arguents of both groups are pros and cons to be used as a reference to deterine the policy of the use of the death penalty to corruption in the future# y loo"ing at the reality that Indonesia is now in the eergency corruption because it has led to poverty and hence underine the right to life of illions of people of Indonesia$ it is based on the consideration of a sense of justice in the society$ the death penalty is still necessary to reain encapsulated in the legislation cobating corruption in the future# %he death penalty can be issued a strong warning to the public officials for not doing corruption#
corrupt behavior so that corruption does not occur so bring Indonesia better prepared in realizing the noble ideals that Indonesia free of corruption -.-.# F. B#b!#$&ra%,
Indonesia# .ndang/.ndang asar Republi0 Indonesia ahun 1 3ang Sudah iamandemen# )urabaya 6 /PB22B$ -..1# Indonesia# &ndang&ndang ,oor 01 %ahun 1999 juncto &ndang&ndang ,oor -. %ahun -..1 tentang Peberantasan %inda" Pidana Eorupsi# eccaria# O' Crime and Punishment $ translated by >ane Drigson$ ?arsilio Publisher$ ,ew @or"$ 199;# a"arta 6 'ine"a Cipta$ -..;# u"u )a"u ?eahai Dratifi"asi$ tersedia di Khttp677888$0p0$go$id7grati'i0asi79P7:rati'i0asi$pd' L dia"ses pada 0. ,oveber -.1; pu"ul 15#-- I# "sistensi /ncaan Pidana ?ati dala && %P Eorupsi$ tersedia di Khttp677'hu0um$unpatti$ac$id7h0m/pidana7""/e0sistensi/ancaman/pidana/ mati/dalam/uu/tp/0orupsiL dia"ses pada 0. ,oveber -.1; pu"ul 1;#40 I# )uluh Indonesia$ Penega0an HA; ;asih Setengah Hati# 3>uMat 11 *eseber -..9# 5 ,egara yang ?enerap"an
