Karya Ilmiah

DISERTASI (241) - Pencabutan Hak Politik Dalam Pemidanaan Tindak Pidana Korupsi

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This research is a normative law research by using a conceptual, statute
approach and case approach. In the philosophical context, the revocation of
political rights has a purpose to protect public morality, to guarantee that the
public officer has a good integrity to keep the third person’s interest –society–, to
keep the democracy pillar, and to give the wary effect in order that the revocation
of political right is not as the degradation of human status. In the human right
context, the revocation of political right is derogable right through a justice
process. The revocation of political right without a law mechanism is
unconstitutional. The disparity of the judge’s ruling in the revocation of political
right is caused by some weak elements of law namely, no guidelines in revoking
the political right, the position of the revocation of the political right as an
optional additional-penalty, and the differences of judge’s philosophical law of
thought. In the legal constitutional context, the conflict occurs between the ruling
of court and constitutional court. The decision of constitutional court states that
the revocation of political right is unconstitutional, yet in its implementation, the
judge of corruption act punishes the defendant with the revocation of political
right. The solution to that problem is by approach of authority principle and the
legislation hierarchy. The constitutional court has an authority to analyze the law
of the 1945 constitution of Republic of Indonesia while the court of corruption
only judges the concrete events at the law level. The authors will describe some
formulation of law in the formation of legal policy in the future (Ius
Constitiedum) especially related to the criminal revocation of political rights in
the criminal act of corruption namely: The existence of the absolute penalty with
the revocation of political right, The Cessation of the relative Revocation of
Political Rights, revoking political right which holds the principle of equilibrium,
Elimination of the revocation of political rights on condition
Keywords: The Punishment Of Criminal, Corruption, Revocation Political

Rights.

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Ketersediaan

031517017303

241

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

241

Penerbit

Surabaya : Fakultas Hukum Unair., 2019

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

TINDAK PIDANA KORUPSI

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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