Prospect of Death Penalty in Corruption Offences Social Assistance Funds in Indonesia

  • I Dewa Gede Satya Yudhayana Wira Utama and Muhammad Rustamaji
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  • I Dewa Gede Satya Yudhayana Wira Utama

    Faculty of Law, Universitas Sebelas Maret, Surakarta, Indonesia

  • Muhammad Rustamaji

    Faculty of Law, Universitas Sebelas Maret, Surakarta, Indonesia

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This legal writing aims to describe the prospects for the application of the death penalty in the crime of corruption of social assistance funds committed by Juliari P Batubara, the former Minister of Social Affairs, who based on the Central Jakarta District Court Decision Number 29/Pid.Sus-TPK/2021/PN Jkt.Pst, was sentenced to 12 years in prison. This research is a normative legal research. Based on the results of the study, it is concluded that the prospect of applying the death penalty in corruption cases should be quite large considering that the corrupt practices committed by Juliari P Batubara were carried out during a state emergency when the country was fighting the Covid 19 Pandemic, and also corrupt practices were carried out against funds that were actually intended to help people affected by the Covid 19 Pandemic. Therefore, Article 2 Paragraph 2 of the Anti-Corruption Law should be the basis for the prosecutor's demands and judges' considerations, which in its provisions state that the death penalty can be imposed on corruption crimes committed in certain circumstances, which the Elucidation of the Article explains that certain circumstances that can be given the death penalty in the Anti-Corruption Law are "circumstances that can be used as reasons for aggravating the crime of corruption if the criminal act is committed against state money intended for overcoming a state of danger, national natural disasters, overcoming the consequences of widespread social unrest, overcoming the economic and monetary crisis, and repeating corruption crimes".




International Journal of Law Management and Humanities, Volume 6, Issue 3, Page 1501 - 1511


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