Corruption Convicts Research Articles

Exploring with Dignified Justice Theory Substitute Imprisonment Fines for Corruption Convicts

General provisions on criminal fines and their subsidiarity are contained in Article 30 of the Criminal Code. Article 30 paragraph (2) of the Criminal Code contains the possibility of substituting a fine with imprisonment. If the fine is not paid by the convict, this generally includes those convicted of corruption. The principle of imprisonment in lieu of a fine in Article 30 paragraph (2) is not found in Law of the Republic of Indonesia Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption (Corruption Law) . However, so far judges have used Article 30 paragraph (2) of the Criminal Code as the basis for deciding on imprisonment in lieu of a fine for those convicted of corruption. The problem is that the equivalence formula for one day of imprisonment is the same as a fine of seven rupiah 52 cents for those convicted of corruption in Article 30 paragraph (2) is outdated when compared to the current rupiah value. This equivalence formula is difficult to achieve the minimum fine for those convicted of corruption in the Corruption Law. For example, if the minimum fine is 50 million rupiah. If to achieve the equivalence of the fine one has to multiply seven rupiah 52 cents by the number of days in the eight months of maximum imprisonment, then it will not be possible to achieve equivalence according to Article 30 paragraph (6) of the Criminal Code. This study finds the principle of judicial independence in the Indonesian constitutional state as a solution to the unclear meaning of Article 30 paragraph (2) of the Criminal Code while waiting for the article to be abolished by the National Criminal Code.

Tinjauan Yuridis Terhadap Pidana Pembebasan Bersyarat yang Dijatuhkan pada Tindak Pidana Korupsi

This study discusses the juridical review of parole crimes in corruption crimes. Parole is a form of punishment given to prisoners who have shown awareness and seriousness in solving corruption cases. However, the issue that arises is whether the specific conditions of parole granted to corruption convicts are in accordance with the law and do not conflict with the sense of justice of the community. This study found that Law Number 22 of 2022 concerning Corrections has regulated special parole requirements for corruption convicts. However, there are still some problems that arise in the implementation of this requirement, such as unfairness in granting parole and the potential for parole as a way out to escape responsibility for state losses. In this study, juridical analysis was carried out on laws and regulations related to parole, as well as a review of parole cases that have occurred. The results showed that there is a need for improvement in the parole system so as not to cause injustice and not allow corruption convicts to escape responsibility.

Penerapan Pemberian Grasi Terhadap Terpidana Korupsi Oleh Presiden

Clemency is a pardon in the form of a change in commutation, reduction or elimination of a criminal offense for a convicted person given by the president based on the consideration of the Supreme Court. The granting of clemency by the president is a form of humanity and justice towards the citizens of the country. And every prisoner has the same right to apply for clemency to the president. Granting this clemency is a fulfillment of human rights and is the president's prerogative in granting forgiveness. However, there needs to be a classification of the crime to provide an opportunity to apply for clemency. Such as the crime of corruption which is an extraordinary crime. The criminal act of corruption is a crime that not only harms one person, but also harms the State and people of Indonesia. Of course, the aim of this research is to find out certain conditions for granting clemency to corruption convicts by the president. This research method uses normative juridical research methods. By referring to the law on clemency and criminal acts of corruption as well as the presidential decision to grant pardon to corruptors. The findings of this research are that it provides special considerations in submitting requests for clemency and evaluation so that the president and the Supreme Court can logically consider their decisions in looking at the convict's case.

Ideal Model of Policy Providing Remissions to Corruption Prisoners in Indonesia: Comparative Study between Indonesia and the Netherlands

The main objective of this research is to examine the ideal model of remission policy for corruption convicts in correctional institutions in terms of fulfilling the rights of inmates, in order to analyze the policy revision arrangements for reducing the sentences of corruption convicts in the statutory regulations and look for an ideal model that can be applied to optimize the implementation of granting remissions to prisoners involved in corruption cases in correctional institutions. This thesis research uses a juridical-normative method. The data collection process was carried out using observation techniques, in-depth interviews and documentation studies. In analyzing the data, researchers used qualitative analysis techniques with steps for data exposure and data reduction. This research's conclusions were drawn using varied extrapolation based on the reliability of the research findings. Meanwhile, data validity guarantee techniques are carried out using credibility, transferability and confirmability. The results of this research illustrate that the birth of Law Number 22 of 2022 concerning Corrections is a series of criminal law enforcement units, therefore its implementation cannot be separated from the development of general conceptions regarding punishment. Prisoners are not only objects, but also legal subjects who are no different from other humans, who at any time can make mistakes or mistakes that can be punished. Punishment is an effort to make prisoners aware of regretting their actions, and returning them to be good citizens, obeying the law, upholding moral, social and religious values, so as to achieve a safe, orderly and peaceful society.

Punishment for Revocation of Political Rights for Public Officials Convicted of Corruption Based on A Justice Perspective

Purpose: The purpose of this research is to research and analyze the Revocation of Political Rights to Occupy Public Positions for Corruption Convicts According to Law in Indonesia, to research and analyze the legal consequences of revoking political rights to occupy public office for corruption convicts, to research and analyze the regulations regarding the revocation of political rights to occupy public positions for those convicted of corruption in terms of the principle of justice. Method: The research methodology used in this research is a qualitative method, using Normative Juridical research which is supported by empirical research, where Normative Juridical research is also called Doctrinal Legal research. In this type of legal research, law is often conceptualized as what is written in statutory regulations (law in books). Therefore, some of the data sources are primary data and secondary data. The data used in this research are primary data and secondary data. Data collection techniques in this research were carried out through literature study and interviews. The data analysis technique used is a qualitative normative analysis technique which describes and interprets the data in sentence form properly and correctly, obtaining short answers which are formulated deductively. Results and conclusion: The revocation of political rights to occupy public positions for those convicted of corruption is carried out because corruption is behavior that deviates from the norms accepted and adhered to by society, the aim of which is to obtain personal gain. This criminal act of corruption is a violation of the social and economic rights of the community, so that criminal acts of corruption can no longer be classified as ordinary crimes but have become extraordinary crimes (extra ordinary crimes). As is known, one of the public positions is the position of regional head which is regulated in Law no. 23 of 2014 concerning Regional Government. The regulations that limit former convicts from becoming regional heads are stated in Article 58 letter f, which states that they must never be sentenced to prison based on a court decision that has permanent legal force for committing a criminal offense that is punishable by imprisonment for 5 (five) years or more. The root of the problem in corruption cases is abuse of power, of course this must be the basis for why it is difficult to restore the trust of former corruption convicts to return to contesting in the 2024 elections and fill public positions, which is feared that ex-corruption convicts will commit acts again in similar cases. to fill public office again. Research implications: The findings of this research have implications for policy makers. Determining convict status for public officials under the pretext of corruption is a worrying phenomenon, because public officials as servants of the people have now betrayed them, by abusing their authority to carry out acts that should not be carried out. The public officials who were caught by the anti-military agency (KPK) are the result of the hard work of the Corruption Eradication Commission to ensure justice for the entire community. Originality/value: This research contributes to existing literature by focusing on penalties for revoking political rights for public officials convicted of corruption. By identifying obstacles and providing recommendations, this research offers insights that can help prevent or protect society from threats that could harm society's interests based on a justice perspective.

Confidential Property of Corruption Convictions According to Law Number 20 of 2001 Concerning the Eradication of Criminal Acts of Corruption

The article entitled Confiscation of Assets of Corruption Convicts According to Law Number 20 of 2001 concerning the Eradication of Corruption Crimes with a problem formulation and research objectives: How to Confiscate the Assets of Corruption Convicts According to Law Number 20 of 2001 concerning the Eradication of Corruption Crimes. The approach method used is normative juridical research, and uses a statutory approach and a conceptual approach. Produce conclusions: In practice, the execution of decisions is often difficult for prosecutors to confiscate the assets of corruption convicts and the payment of replacement money as intended in the Anti-Corruption Eradication Law, so that there are often arrears in payments in efforts to recover State losses. One reason is that the court decisions are not detailed. The Supreme Court (MA) in many decisions only stated "imposing compensation in the amount of..." without including the duration (term) of subsidiary imprisonment as a way to force the defendant to return the money to the State.

Review of Remission and Assimilation in the Correctional System with the Foundation of Human Rights

This research is related to the granting of remission and parole rights on the basis of the value of justice in accordance with human rights. This research was conducted to find out about the embodiment of justice in the granting of remissions and parole to convicts. Both criminals and corruption convicts. This research will also review the arrangements regarding the granting of such remissions and also the ideal concepts regarding the granting of such remissions and parole. This research will use empirical normative legal research methods that emphasize philosophical, dogmatic and conceptual sides. The data collected in this study was carried out by means of literature and document studies. Data analysis used a qualitative descriptive method. This research presents that the embodiment of justice in granting parole and release to prisoners is not entirely fair and equitable. The regulatory process regarding granting remissions and conditional release should be in accordance with the norms and not contradictory. The concept of granting remissions and parole must be balanced in terms of justice and also balanced in coaching.

Perbedaan Pandangan Terhadap Pembatasan Hak Dipilih Antara Putusan Mahkamah Konstitusi Dengan Putusan Mahkamah Agung

In general elections, the public has the right, namely, not to vote, and the right to be elected. The right to be elected is the right of citizens to be elected as members of deliberative bodies or representatives of the people in a general election. Article 240 paragraph (1) letter g of the General Election Law regulates restrictions on the right to vote for former corruption convicts. Regarding the norms in this article, the Constitutional Court and the Supreme Court have different views. This is formulated in the Constitutional Court Decision Number 87/PUU-XX/2022 and the Supreme Court Decision Number 46P/HUM/2018. This article analyzes the views of Constitutional Justices and Supreme Court Justices regarding the norms in article 240, paragraph (1) letter g. The purpose of this article is to find out how voting rights are limited for former corruption convicts. This article uses a normative juridical research method. The research results found that first, restrictions on the right to vote for former convicts may be carried out in the interests of ensuring the freedom of disadvantaged groups. Second, in deciding a decision, the judge is obliged to explore, follow and understand the legal values ​​and sense of justice that exist in society as well as pay attention to the juridical aspect.

Tinjauan Hukum Terkait Kedudukan Calon Legislatif Mantan Tindak Pidana Korupsi Dalam Perspektif Hak Asasi Manusia

Indonesia is a democratic state where the exercise of sovereignty is no longer directly entrusted to the people but to representatives of the people chosen through general elections. Here, all Indonesian citizens have the right to participate either as voters or candidates in legislative elections, including former corruption convicts. However, in practice, Regulation No. 20 of 2018 by the General Election Commission on the Nomination of Members of the People's Consultative Assembly, Regional Representative Council of the Province, and Regional Representative Council of the Regency/City limits the candidacy rights of former corruption convicts. Consequently, this General Election Commission Regulation contradicts the fundamental Human Rights principles upheld by Indonesian citizens. This research focuses on two aspects: examining and elucidating the legal status of former corruption convicts from the perspective of Human Rights and the legal regulations related to the legislative candidacy of former corruption convicts in General Election Commission Regulation Number 20 of 2018, viewed from the perspective of Human Rights. This research employs a normative juridical research method or doctrinal. The research findings indicate that former corruption convicts have the same legal status as ordinary citizens, namely equal standing in the eyes of the law. The Law No. 39 of 1999 on Human Rights and the 1945 Constitution protect the legal status of former convicts. Furthermore, the legal regulations regarding legislative candidacy for former corruption convicts in Article 4, paragraph (3) of General Election Commission Regulation No. 20 of 2018 are againts Human Rights. Especially in the Law on Human Rights, the 1945 Constitution, Constitutional Court Decisions, and Supreme Court Decisions.

Membangun Sistem Pembinaan Narapidana Korupsi Di Indonesia

<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>Corruption in Indonesia has mushroomed in various sectors. To anticipate the growth of corruption crimes, proper handling is needed. This paper will discuss the problems of the system for fostering corruption convicts that are already running in Indonesia, as well as how to build an ideal system for fostering corruption convicts in Indonesia in dealing with corruption convicts in the future. One of the strategies used is to use the right pattern of coaching for corruption convicts. In order to achieve effective development of corruption convicts, concrete steps are needed in the form of efforts to reconstruct it in three aspects at once, namely institutional reconstruction (a linking institution is needed between institutions in the criminal justice system), system reconstruction, especially legal provisions starting from the investigations up to the coaching stage in Correctional Institutions, as well as cultural reconstruction, namely the culture of synchronism for all stakeholders in uniting the spirit of eradicating corruption at all levels.</span></p></div></div></div>

Study of Morality And Human Rights On Former Corruption Prisoners Who Become A Prospective Regional Head

After the Constitutional Court's Decision No. 56/PUU-XVII/2019 which provides a legal loophole for former corruption convicts to become candidates for Regional Head, there is a polemic in its application and the integrity of the law itself, distancing the function of law as a tool that can be used as a deterrent effect for a crime. The dialectic between the political rights guaranteed by the Constitution which is firmly held by ex-convicts is very contrary to the teachings of morality taught by Immanuel Kant. The study of morality always prioritizes behavior based on inner truth, not because of external factors or in this case while the law allows, which makes humans far from the inner truth itself. This study uses a normative juridical law research with a legal approach and a conceptual approach. The results of this study indicate that the Constitutional Court's decision places the law above morality, by setting aside something that must be owned by the Regional Head, namely a balance between attitudes and behavior. Furthermore, according to the concept of democracy, the state actually has the right to totally limit the political rights of former convicts of corruption not to go forward again or to abolish them completely, in order to guarantee the integrity of the Government from corrupt actors in the future and also to make the law a function of deterrent effect and the last remedy in enforcement, but in fact the state does not implement it, the state prefers to give access to ex-corruption convicts to advance to become candidates for regional heads on the legal basis of this decision.

PEMBERIAN PIDANA TAMBAHAN TERHADAP PENCABUTAN HAK-HAK POLITIK TERPIDANA KASUS KORUPSI BERDASARKAN PERATURAN PERUNDANG-UNDANGAN

Where the meaning of equal opportunity in government is inseparable from political rights which implies political rights or political rights is a right which is to take part and play a role in a form of government that exists in a country. So that in terms of civil and political rights for every Indonesian citizen, the implementation is very clearly regulated in the 1945 Constitution of the Republic of Indonesia, Chapter XA of Human Rights Articles 28A to Article 28J, while the explanation of political rights for citizens is regulated in Article 26D paragraph (3) states that every citizen has the right to obtain equal opportunities in government. The formulation of the problem in this study is how to revoke the political rights of convicts of corruption cases based on laws and regulations, how to grant additional criminal rights to the revocation of political rights of convicts of corruption cases based on laws and regulations. The method used is normative legal research. Based on the results of the study it is known that the Revocation of the Political Rights of Convicted Corruption Cases Based on Legislation that Based on these provisions the additional criminal imposition of revocation of political rights against convicts is not contrary to the Criminal Code as long as the revocation of rights is accompanied by a period of application. The right to vote and be elected to public office can be classified as the right to freedom of thought and conscience. Human rights are rooted in the human person because of their humanity, if they are revoked then their humanity will also be lost.

Provision of Remissions for Corruptors Related to the Government's Commitment to Eradicate Corruption in Indonesia

One form of guidance for prisoners in the correctional system (WBP) in the correctional system in Indonesia is the granting of remission rights to every prison inmate who has met the requirements according to the provisions of the applicable legislation. Basically, remission is a legal means in the form of rights granted by law to every inmate (convict) who is declared to have met certain requirements. Along with the dynamics and political policies of the Indonesian government, a series of regulations have been issued that provide leniency (remission) to those convicted of corruption. Recently, it is easier for convicts of corruption to get remissions or reduced sentences. Because the Supreme Court (MA) has revoked and canceled the related article in Government Regulation Number 99 of 2012, or better known as the Government Regulation on Tightening Corrupt Remissions. After the Supreme Court's decision, the conditions for corruptors to apply for remission are the same as other convicts regardless of the type of crime that has been committed. However, the policy of granting remissions for corruptors resulted in polemics in society, pros and cons also occurred. Some of them are of the opinion that granting remissions to corruption convicts is considered to have contradicted and injured the commitment of the government of the Republic of Indonesia in eradicating corruption. the conditions for corruptors to apply for remission are the same as for other convicts regardless of the type of crime that has been committed. However, the policy of granting remissions for corruptors resulted in polemics in society, pros and cons also occurred. Some of them are of the opinion that granting remissions to corruption convicts is considered to have contradicted and injured the commitment of the government of the Republic of Indonesia in eradicating corruption. the conditions for corruptors to apply for remission are the same as for other convicts regardless of the type of crime that has been committed. However, the policy of granting remissions for corruptors resulted in polemics in society, pros and cons also occurred. Some of them are of the opinion that granting remissions to corruption convicts is considered to have contradicted and injured the commitment of the government of the Republic of Indonesia in eradicating corruption.

PEMBERIAN REMISI BAGI PELAKU TINDAK PIDANA KORUPSI

The Corruption Eradication Law specifically regulates its own procedural law for law enforcement perpetrators of criminal cts of corruption. Broadly, the handling of corruption is distinguished from the handling of other special crimes. This type of research is normative legal research, namely research conducted by reviewing legal materials obtained through library research. In normative research, the written law is studied from several spects such s philosophical theory, comparison, structure or composition, consistency, general explanation nd explanation of each rticle, formality, nd binding power of law nd the language used is legal language. In the end, the criminal verdicts handed down by judges on corruption convicts will not be right on target, because the deterrent effect that was intended to be given to the corruption convicts to carry out self-improvement has not been chieved, because the convict can continue to experience reduction in his prison term nd the purpose of the sentence is not chieved. This lso pplies to prospective corruptors who see that remission will be tool to get out of prison easily so that the element of punishment, which is useful for scaring someone from committing crime will be reduced nd in the end it is feared that the increase in corruption will be difficult to contain. . In ddition, the Indonesian Correctional System ctually means fostering prisoners who have integrity with the community nd lead to the integrity of life nd livelihood. Correctional s process of moving by stimulating the emergence nd development of self-propelling djustment towards personal development through its own ssociations djusting to the integrity of life nd livelihood. Reducing the period of detention which will reduce the effect lso reduces the important essence of the penitentiary system, namely the period of detention is period of development, given the characteristics of this extraordinary crime of corruption

Legal Policies in Front of Corruption Bill on Treatment of Remission Between Corruptors and Chicken Thieves

The type of research used in this research is normative legal research by using primary and secondary legal materials, along with tertiary legal materials as supporting materials. This is by looking at strength and position of Visum Et Repertum evidence in a criminal act. Regarding the granting of remissions for convicts who commit criminal acts of corruption as regulated in Article 34 (A) of PP No.99 of 2012 concerning Terms and Procedures for Implementation Rights of Correctional Inmates, if viewed from theory of purpose of punishment, there are two thoughts in that regard. First, if granting of remissions is associated with one of known punishment theories, it is a relative theory, which emphasizes purpose of punishment to improve the perpetrators of crimes. By being given this punishment, it is hoped that later a criminal can change into a better person and restore the balance that was damaged due to the crime. The second opinion states that the regulations that apply to convicts of corruption have special requirements before getting remission, but actually any conditions that are intended to be used as basis for remission will only hinder the achievement purpose of sentencing. The reason is, corruption which is essentially an economic offense that harms the state and benefits oneself is carried out based on greed, where with remission mechanism there will be calculations that will speed up a convicted corruption person out of prison.

Stigmatization of Former Corruption Convicts in Indonesian Parliament Elections

Stigmatization of Former Corruption Convicts in Indonesian Parliament Elections

Participation of Former Corruption Prisoner in Elections in Islamic Perspective

The Indonesian General Election Commission (KPU) as the organizer of the General Election stipulates KPU Regulation Number 20 of 2018 concerning the nomination of members of the DPR RI, Provincial DPRD and Regency or City DPRD. One of the points in the PKPU regulates the prohibition of former corruption convicts from registering as legislative candidates. This is a matter of debate in various circles. However, if we examine the fiqh siyasa regarding the rules of ex-convicts of corruption, it is very contrary to the requirements of ahl halli wal-aqdi, whether it is a matter of fair conditions or also with an attitude of wisdom, and is contrary to the function or authority of ahl halli wal-aqdi. Therefore, the revocation of the right to vote and be elected (participation in the General Election) is the implementation of an extraordinary enforcement of criminal law. The legal classification is that it is permissible for ex-corruptors to become legislative candidates if viewed from the level of their need is al-Hajiyat but based on its scope it is of special interest (al-Maslahah al-Khossoh) which is oriented to the benefit of the corruptors whose political rights are taken away, while what needs to be underlined is the rights of the wider community. who are deprived of their social and economic rights so as to further distance them from justice and welfare as the main core of the purpose of the law itself.

Counselling and Religious Experience: Life Changes of Former Corruption Convicts can be Specifying Religious Experiences

Corruption is a corrupted character and appears in certain politicians. Mental corruption in developing countries requires harsh sanctions, although it doesn’t provide a deterrent effect to the emergence of other corruptors in Indonesia. Imprisonment sanctions as long as possible can provide a religious experience so that the emergence of life changes. This article aims to analyse the spiritual experiences that have changed the lives of former corrupt convicts. Documentation study through the analysis of youtube videos from interviews with former corruption convicts who just got out of prison. The research subject is one woman—qualitative analysis as the basis for the emergence of various dimensions of religious experience. The study results found three basic dimensions of the emergence of spiritual experiences affective, cognitive, and behavioural. Religious experience in the affective dimension changes life with a process of acceptance, awareness, regret/mistake, gratitude, and sincerity—spiritual expertise with a cognitive size through self-belief and life lessons that can change lives. Religious experience also raises behavioural dimensions so that individuals can control themselves, be confident, and dare to act. These three dimensions serve as provisions for policymakers to internalise the anti-corruption character.

PEMBERIAN REMISI BAGI PELAKU TINDAK PIDANA KORUPSI

The Corruptionf Eradicationf Law specificallyf regulatesf its ownf proceduralf law forf law enforcement fperpetrators of criminal cts of fcorruption. Broadly, the fhandling of fcorruption is distinguished from thef handling of other special crimes. This ftype fof fresearch is ffnormative legalf research, namely research conducted by reviewing legal materials obtained through library research. In normative research, the written law is studied from several spects such s philosophical theory, fcomparison, fstructure or composition, fconsistency, fgeneral explanationf nd explanation of each rticle, formality, nd binding power of law nd the language used is legal language. In the end, the criminal verdicts handed down by judges on corruption convicts will not be right on target, because the deterrent effect fthat fwas intendedf to be given to the corruption convicts to carry out self-improvement has not been chieved, because the convict can continue to experience reduction in his prison term nd the purpose of the sentence is not chieved. This lso pplies to prospective corruptors who see that remission will be tool to get out of prison easily so that the element of punishment, which is useful for scaring someone from committing crime will be reduced nd in the end it is feared that the increase in corruption will be difficult to contain. . In ddition, the Indonesian Correctional System ctually means fostering prisoners who have integrity with the community nd lead to the integrity of life nd livelihood. Correctional s process of moving by stimulating the emergence nd development of self-propelling djustment towards personal development through its own ssociations djusting to the integrity of life nd livelihood. Reducing the period of detention which will reduce the effect lso reduces the important essence of the penitentiary system, namely the period of detention is period of development, given the characteristics of this extraordinary crime of corruption

The Principle of Equality Before the Law in Indonesian Corruption Case: Is It Relevant?

Article 28D paragraph (1) of the NRI Constitution of 1945 states that "Everyone is entitled to the recognition, guarantee, protection, and certainty of fair law and equal treatment before the law". Unfortunately, the implementation of the article is not in accordance with the theory. Cases that go against the principle of equality before the law include cases of corruption convicts who get lavish facilities in poor prisons. The purpose of this research to find out the form of facilities obtained by corruption inmates is reviewed from the principle of equality before the law, as well as the extent of the government's efforts in dealing with cases like this. The methodology used to resolve this error uses empirical juridical research methods. Data collection techniques by conducting interviews, observations, documentation and re-analysis with qualitative methods that aim to understand phenomena occurring in the field. The results showed that the form of facilities obtained by corruption inmates such as televisions, cell phones, air conditioners made it easier to get in and out of prisons, and so on. The Government's efforts in dealing with this are to revitalize the coaching of inmates and the revised plan of Law no. 12 of 1995 on correctional with the aim of improving the personality quality of inmates until the presence of the intention to improve themselves and do not want to repeat the validity.