PENERAPAN SANKSI PIDANA MATI KEPADA KORUPTOR SUATU PERBANDINGAN HUKUM ANTARA INDONESIA DAN CINA

(1) Fakultas Hukum Universitas Pattimura, Indonesia

Abstract
Under the provisions of Law No. 31 Year 1999 jo Law No. 20 of 2001, the type of criminal
sanctions can be imposed judges against the accused of corruption that is for people who
commit criminal acts of corruption in Indonesia is Criminal Dead, Criminal Prison and Penal
Supplement. Sanctions death penalty to corrupt when corruption was carried out on funding
earmarked for coping with the hazards, national disasters, social unrest is widespread, the
economic and monetary crisis management, and the repetition of acts of corruption. Under
the provisions of this Article, the application of sanctions the death penalty for corruption
imposed only if it is done in certain circumstances. In contrast to China, the Chinese government's commitment to eradicate corruption no doubt, not just a slogan or a rhetorical,
because in the system of prevention of corruption in China when an officer was proved only
accept bribes, then legal sanction given to him to till the death penalty. related to the
implementation of sanctions Criminal die for actors in Indonesia and China, it is seen that
political action imposition of capital punishment against perpetrators of corruption in
Indonesia is still weak, while in China's political action imposition of capital punishment
against the perpetrators of the crime of corruption is very strong due to the strong
commitment of government to combating corruption. A strong commitment to prevent and
combat corruption could prove the decrease of corruption
Keywords
DOI
10.47268/sasi.v22i1.176
Published
2016-06-15
How To Cite
@article{SASI176, author = {Steven Makaruku}, title = {PENERAPAN SANKSI PIDANA MATI KEPADA KORUPTOR SUATU PERBANDINGAN HUKUM ANTARA INDONESIA DAN CINA}, journal = {SASI}, volume = {22}, number = {1}, year = {2016}, keywords = {corruption; death penalty}, abstract = {Under the provisions of Law No. 31 Year 1999 jo Law No. 20 of 2001, the type of criminalsanctions can be imposed judges against the accused of corruption that is for people whocommit criminal acts of corruption in Indonesia is Criminal Dead, Criminal Prison and PenalSupplement. Sanctions death penalty to corrupt when corruption was carried out on fundingearmarked for coping with the hazards, national disasters, social unrest is widespread, theeconomic and monetary crisis management, and the repetition of acts of corruption. Underthe provisions of this Article, the application of sanctions the death penalty for corruptionimposed only if it is done in certain circumstances. In contrast to China, the Chinese government's commitment to eradicate corruption no doubt, not just a slogan or a rhetorical,because in the system of prevention of corruption in China when an officer was proved onlyaccept bribes, then legal sanction given to him to till the death penalty. related to theimplementation of sanctions Criminal die for actors in Indonesia and China, it is seen thatpolitical action imposition of capital punishment against perpetrators of corruption inIndonesia is still weak, while in China's political action imposition of capital punishmentagainst the perpetrators of the crime of corruption is very strong due to the strongcommitment of government to combating corruption. A strong commitment to prevent andcombat corruption could prove the decrease of corruption}, issn = {2614-2961}, pages = {43--53} doi = {10.47268/sasi.v22i1.176}, url = {https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/176} }
Andi Hamzah, Pemberantasan Korupsi Melalui Hukum Pidana
Nasional dan Internasional, RajaGrafindo Persada, Jakarta, 2005.
Elwi Danil, KORUPSI. Konsep, Tindak Pidana dan Pemberantasannnya, Jakarta, PT. Rajawali Pers, 2011.
H. M. Agus Santoso, Hukum, Moral, & Keadilan: Sebuah Kajian
Filsafat Hukum¸ Cetakan ke I, Kencana, Jakarta, 2012.
Indriyanto Seno Adji, Korupsi dan Penegakan Hukum, Diadit
Media, Jakarta, 2009,
Lili Rasjidi & Ira Thania Rasjidi, Dasar-dasar Filsafat dan
Teori Hukum, PT. Citra Aditya Bakti, Bandung, 2007.
Lilik Mulyadi, Tindak Pidana Korupsi di Indonesia, Normatif, Teoritis, dan Masalahnya, Bandung: Alumni, 2007.
M. Sholehhuddin, Sistem Sanksi dalam Hukum Pidana, Ide Dasar
Double Track System dan Implementasinya, Raja Grafindo Persada, Jakarta, 2007.
http://lentera-vita.blogspot.com/2009/10/materi-kuliah-hukum-kejahatan-korupsi-1.html
http://fryma-hukumpidana.blogspot.com/2011/02/tindak-pidana-korupsi.html
http://www.tempo.co/read/kolom/2013/09/30/817/Pemberantasan-Korupsi-di-Cina
http://lentera-vita.blogspot.com/2009/10/materi-kuliah-hukum-kejahatan-korupsi-1.html
http://www.slideshare.net/rezayudhalaksana/reza-spkpaper-pemberantasan-korupsi-di-cina
Cited-By:
1. A New Paradigm in the Application of Criminal Sanctions Against Corruption (Legal and Political Studies to Find Effective Criminal Sanctions for Corruption Eradication in Indonesia, Especially about the Application of Death Penalty)
Ambar Soeseno, Basuki Rekso Wibowo, Atma Suganda, Maryano
Revista de Gestão Social e Ambiental vol: 18 issue: 5 first page: e05763 year: 2024
Type: Journal [View Source]
Dublin Core | PKP Metadata Items | Metadata for this Document | |
1. | Title | Title of document | PENERAPAN SANKSI PIDANA MATI KEPADA KORUPTOR SUATU PERBANDINGAN HUKUM ANTARA INDONESIA DAN CINA |
2. | Creator | Author's name, affiliation, country | Steven Makaruku; Fakultas Hukum Universitas Pattimura; Indonesia |
3. | Subject | Discipline(s) | |
3. | Subject | Keyword(s) | corruption; death penalty |
4. | Description | Abstract | Under the provisions of Law No. 31 Year 1999 jo Law No. 20 of 2001, the type of criminalsanctions can be imposed judges against the accused of corruption that is for people whocommit criminal acts of corruption in Indonesia is Criminal Dead, Criminal Prison and PenalSupplement. Sanctions death penalty to corrupt when corruption was carried out on fundingearmarked for coping with the hazards, national disasters, social unrest is widespread, theeconomic and monetary crisis management, and the repetition of acts of corruption. Underthe provisions of this Article, the application of sanctions the death penalty for corruptionimposed only if it is done in certain circumstances. In contrast to China, the Chinese government's commitment to eradicate corruption no doubt, not just a slogan or a rhetorical,because in the system of prevention of corruption in China when an officer was proved onlyaccept bribes, then legal sanction given to him to till the death penalty. related to theimplementation of sanctions Criminal die for actors in Indonesia and China, it is seen thatpolitical action imposition of capital punishment against perpetrators of corruption inIndonesia is still weak, while in China's political action imposition of capital punishmentagainst the perpetrators of the crime of corruption is very strong due to the strongcommitment of government to combating corruption. A strong commitment to prevent andcombat corruption could prove the decrease of corruption |
5. | Publisher | Organizing agency, location | Faculty of Law, Universitas Pattimura |
6. | Contributor | Sponsor(s) | |
7. | Date | (YYYY-MM-DD) | 2016-06-15 |
8. | Type | Status & genre | Peer-reviewed Article |
8. | Type | Type | |
9. | Format | File format | PDF (Bahasa Indonesia) |
10. | Identifier | Uniform Resource Identifier | https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/176 |
10. | Identifier | Digital Object Identifier | 10.47268/sasi.v22i1.176 |
11. | Source | Title; vol., no. (year) | SASI; Vol 22, No 1 (2016): Volume 22 Nomor 1, Januari - Juni 2016 |
12. | Language | English=en | id |
13. | Relation | Supp. Files | |
14. | Coverage | Geo-spatial location, chronological period, research sample (gender, age, etc.) | |
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Copyright (c) 2019 Steven Makaruku

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Cited-By:
1. A New Paradigm in the Application of Criminal Sanctions Against Corruption (Legal and Political Studies to Find Effective Criminal Sanctions for Corruption Eradication in Indonesia, Especially about the Application of Death Penalty)
Ambar Soeseno, Basuki Rekso Wibowo, Atma Suganda, Maryano
Revista de Gestão Social e Ambiental vol: 18 issue: 5 first page: e05763 year: 2024
Type: Journal [View Source]