PIDANA MATI SEBAGAI ULTIMUM REMEDIUM TERHADAP PELAKU TINDAK PIDANA KORUPSI DANA BANTUAN SOSIAL COVID-19
Abstract
Law no. 31 of 1999 in conjunction with Law no. 20 of 2001 confirms the rules regarding the death penalty in Article 2 paragraph (2), namely "In the event that the criminal act of corruption as intended in paragraph (1) is committed under certain circumstances, the death penalty can be imposed." Thus, if you look at the phrase "certain circumstances" in Article 2 paragraph (2), it is interpreted as circumstances that can be used as a reason for criminal aggravation for perpetrators of criminal acts of corruption, such as overcoming dangerous situations, national natural disasters, overcoming the consequences of widespread social unrest, overcoming the economic and monetary crisis. So it can be said that the criminal act of corruption in Covid-19 social assistance funds is included in certain circumstances, so that perpetrators of the criminal act of corruption in Covid-19 social assistance funds can be subject to the death penalty as regulated in Article 2 paragraph (2). The death penalty is the ultimum remedy for perpetrators of criminal acts of corruption which is only carried out if other efforts are unable to overcome the criminal act of corruption.
Copyright (c) 2023 Solusi
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work
.png)
