The Reformulation of Legal Reformulations in Death Crimes Against Corruption in Indonesia

Abstract

The death penalty is one of the criminal sanctions that are still enforced in Indonesia. The provision for capital punishment is regulated in Article 10 of the Criminal Code (KUHP). Ernest van den Hag, in his article on deterrence and the death penalty, gives five crucial notes in the application of the death penalty, first, demands for the abolition of the death penalty because it does not provide a deterrent effect, second, against certain countries for certain crimes and the conditions that accompany them, death can provide a deterrent effect, thirdly, there is no significant statistical data on whether the death penalty in the case of the crime of murder will have a deterrent effect on the perpetrators of the crime itself, fourth, sometimes the death penalty is preferable to imprisonment because it provides a deterrent effect, fifth, the death penalty considered important to provide a balance for the victims. The knife of analysis in this study is the theory of law enforcement systems and the theory of punishment. The results of this study explain the application of the death penalty law formulation policy against perpetrators of criminal acts of corruption in Indonesia currently following the implementation of the death penalty in several countries such as China, Iran, Pakistan, Saudi Arabia, and others. However, the policy embodied in the regulation still leaves difficulties where there are still many rejections of the policy and in the process of implementation it has not been able to. In Article 67 of the RKUHP, which reads that a special crime as referred to in Article 64 letter c is a death penalty which is always threatened with alternatives. In contrast to the Criminal Code which places the death penalty as one of the main crimes, the Draft Criminal Code places the death penalty as the last punishment imposed to prevent criminal acts from being committed. Which means that the existence of a criminal is in accordance with the ultimum remedium principle, namely that criminal law should be used as a last resort in terms of law enforcement.