EFEKTIVITAS KEBIJAKAN FORMULASI HUKUM PIDANA MATI DALAM PEMBERANTASAN TINDAK PIDANA KORUPSI DI INDONESIA DITINJAU DARI ASPEK POLITIK HUKUM

Abstract

Corruption is one of the criminal offenses for which the death penalty may be imposed upon its perpetrators, as stipulated in Article 2 paragraph (2) of the Law on the Eradication of Corruption Crimes. This provision reflects the seriousness of the legislator in combating corruption. However, the death penalty clause is regulated only in Article 2 paragraph (2) of the Law, and no other provisions contain a similar sanction. As a result, the death penalty for corruptors has never been implemented in practice. This condition has failed to create a deterrent effect or fear among individuals from committing acts of corruption outside those specifically punishable by death. This study aims to examine whether the role of legal politics is necessary in optimizing corruption eradication efforts in order to achieve the objectives of the state as set forth in the fourth paragraph of the Preamble to the 1945 Constitution of the Republic of Indonesia. Furthermore, the policy formulation of the death penalty for corruptors has in fact never been applied until now, raising the question of whether the implementation of capital punishment for corruptors is effective in eradicating corruption crimes. This research employs a normative legal research method with a normative juridical approach. The results of the study indicate that in efforts to combat corruption in Indonesia, legal politics is regarded as an approach that places greater emphasis on the utility of law. This approach involves legal discovery or legal reform in accordance with social developments and urgent needs in law enforcement. Meanwhile, the implementation of the death penalty for corruptors in Indonesia is considered difficult to carry out and is deemed ineffective.

Keywords: Corruption Crime, Death Penalty, Legal Politics.