A New Paradigm in the Application of Criminal Sanctions Against Corruption (Legal and Political Studies to Find Effective Criminal Sanctions for Corruption Eradication in Indonesia, Especially about the Application of Death Penalty)

Abstract

Purpose: Corruption remains pervasive in Indonesia, damaging the nation's finances and economy while infringing on the economic and social rights of the community. This study aims to explore efficient criminal sanctions to eradicate corruption in Indonesia, particularly focusing on the application of the death penalty. Theoretical Framework: This study employs normative legal research and secondary information based on literature to analyze the application of criminal sanctions for acts of corruption. Method: The research utilizes a data analysis technique involving problem identification, data gathering, data reduction, conclusion formulation, and verification. Result and Discussion: The study concludes that emphasizing the law's provisions is crucial for applying the death penalty to corruption cases. This has led to the Constitutional Court amending Articles 603 and 604 of the Criminal Code to include the threat of the death penalty. However, there is a debate among law enforcement officials regarding the violation of human rights (HAM) that could occur with the implementation of the death penalty. Therefore, revisions to the Criminal Code's articles are proposed to facilitate the death penalty's implementation, considering the quality and quantity of corrupt individuals. Conclusion: The anticipated outcome is that authorities will use the death penalty as a symbol of their commitment to combatting worsening corruption annually in Indonesia.