Karya Ilmiah

DISERTASI (120) - Sanksi Pidana Mati Terhadap Pelaku Tindak Pidana Korupsi

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This research aimed to analyze and find the reasons of the philosophy of
death penalty for perpetrators of corruption and character of corruption which
are liable to the death penalty. The type of this research is legal research. The
approach which is used in this research is statute approach, case approach,
conceptual approach and comparative approach. There are two (2) conclusions
in this research, among other reasons related to the philosophy of death penalty
in corruption, namely (1) sanction of the death penalty does not contradict with
the principle of Pancasila, human rights and the 1945 Constitution of The
Republic of Indonesia (2) Corruption is extraordinary crime. (3) Death penalty in
corruption is based on the theory of retaliation and the theory of equilibrium so
that it does not contradict with the philosophy of punishment. (4) Death penalty
was based on the reasons in weighting down of criminal on the basis of certain
circumstances. (5) Death penalty is a form of justice for the people who are
victims of the crime. (6) The perpetrator of corruption is public officials and (7)
there is a financial loss to the state above Rp. 50,000,000,000, - (fifty billion
rupiah) and the character of corruption that may be imposed or threatened with
death penalty in addition to criminal sanctions of corruption in Article 2
paragraph (2) of the Corruption Law is corruption as referred to in Article 3 of
Corruption Law Article 12 letters a, b, c and e Law of Corruption and gratuities
of criminal offense referred to in Article 12 B of Corruption Law. The Suggestions
put forward in this research is to changes Law of Corruption to regulate the
addition of weighting criminal reasons against corruption in Article 3, Article 12
a, b, c, and e and Article 12 B of Corruption Law and increase the scope of the
particular circumstances.

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Ketersediaan

031217017333

0120

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

120

Penerbit

Surabaya : Fakultas Hukum Unair., 2015

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

120

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

PIDANA KORUPSI

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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