IMPLEMENTASI PUTUSAN JUDICIAL REVIEW MAHKAMAH KONSTITUSI NOMOR. 4/PUU-XVII/2019 DALAM PENGUJIAN PASAL 2 AYAT (2) UNDANG-UNDANG NOMOR. 20 TAHUN 2001 PERUBAHAN ATAS UNDANG-UNDANG NOMOR. 31 TAHUN 1999 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI TERKAIT PIDANA MATI DALAM KEADAAN BENCANA ALAM
Abstract
For example, the corruption case against aid funds affected by natural
disasters in 2018 in Donggala against the defendants Muhir and H.Silmi who
poured money for the rehabilitation of mosques and schools that did not receive
sanctions as stated in the article that was violated, so that there was a review of
the article that was violated in the Constitutional Court Decision Number 4/PUU-
XVII/2019. In addition, there is also a corruption case against social assistance
funds for handling the Covid-19 pandemic or known as the Bansos corruption that
is currently occurring, against the defendants Juliari Batubara and Matheus Joko
Santoso. For this reason, extraordinary efforts are needed in eradicating the
crime of corruption, by imposing the toughest sanctions on the perpetrators of
corruption in order to provide fear and a deterrent effect, both to the perpetrators
and to other people who have the potential to commit corruption crimes, namely:
death penalty as stipulated in the formulation of Article 2 paragraph (2) of Law
No. 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the
Eradication of Criminal Acts of Corruption.
This type of research can be classified as normative legal research by
approaching legislation or literature study with books, articles, newspapers as
research materials and sources.
From the results of the research conducted, it can be concluded that there is
no legal certainty in interpreting "certain circumstances" as criminal penalties for
perpetrators of criminal acts of corruption. Therefore, it is necessary to reform
the substance or material in the formulation of the death penalty in Article 2
paragraph (2) of the Law on the Eradication of Criminal Acts of Corruption so
that it is in accordance with the values of justice and legal certainty.
Keywords: Death Penalty – Corruption - Natural Disaster
disasters in 2018 in Donggala against the defendants Muhir and H.Silmi who
poured money for the rehabilitation of mosques and schools that did not receive
sanctions as stated in the article that was violated, so that there was a review of
the article that was violated in the Constitutional Court Decision Number 4/PUU-
XVII/2019. In addition, there is also a corruption case against social assistance
funds for handling the Covid-19 pandemic or known as the Bansos corruption that
is currently occurring, against the defendants Juliari Batubara and Matheus Joko
Santoso. For this reason, extraordinary efforts are needed in eradicating the
crime of corruption, by imposing the toughest sanctions on the perpetrators of
corruption in order to provide fear and a deterrent effect, both to the perpetrators
and to other people who have the potential to commit corruption crimes, namely:
death penalty as stipulated in the formulation of Article 2 paragraph (2) of Law
No. 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the
Eradication of Criminal Acts of Corruption.
This type of research can be classified as normative legal research by
approaching legislation or literature study with books, articles, newspapers as
research materials and sources.
From the results of the research conducted, it can be concluded that there is
no legal certainty in interpreting "certain circumstances" as criminal penalties for
perpetrators of criminal acts of corruption. Therefore, it is necessary to reform
the substance or material in the formulation of the death penalty in Article 2
paragraph (2) of the Law on the Eradication of Criminal Acts of Corruption so
that it is in accordance with the values of justice and legal certainty.
Keywords: Death Penalty – Corruption - Natural Disaster
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