DASAR PERTIMBANGAN PUTUSAN HAKIM DALAM MENJATUHKAN PIDANA TAMBAHAN BERUPA PENCABUTAN HAK POLITIK PADA PELAKU TINDAK PIDANA KORUPSI (Studi Kasus Putusan Mahkamah Agung Nomor 1885 K/PID.SUS/2015)

Pratama, Aditya Wahyu (2022) DASAR PERTIMBANGAN PUTUSAN HAKIM DALAM MENJATUHKAN PIDANA TAMBAHAN BERUPA PENCABUTAN HAK POLITIK PADA PELAKU TINDAK PIDANA KORUPSI (Studi Kasus Putusan Mahkamah Agung Nomor 1885 K/PID.SUS/2015). S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

Corruption literally can be interpreted as rottenness, ugliness, depravity, dishonesty can be bribed, immoral, deviation from chastity, words or words that insult or slander. Article 2 of Law Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption as amended and supplemented by Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption. Therefore, to provide a deterrent effect to corrupt officials who commit corruption is one of them is the revocation of political rights in the form of the right to be elected in public office is the implementation of the application of criminal sanctions that are Extraordinary Enforcement. As regulated in Article 18 of the Criminal Code which was strengthened in the Constitutional Court Decision Number 4/PUUVII/2009 (dated March 24, 2009). The purpose of this study is to obtain data and analyze the basis for consideration of the judge's decision in imposing additional penalties in the form of revocation of political rights against convicts of corruption and to find out the elements that the imposition of additional penalties in the form of revocation of political rights is in accordance with Article 38 of the Criminal Code. And the type of research used in this study is normative legal research, namely research that focuses on positive legal norms in the form of laws and regulations related to the problems studied with the data used, namely primary legal materials and secondary legal material. The basis for legal considerations by the assembly against the revocation of political rights, namely the right to be elected in public office in the Supreme Court's Decision Number 1885 K/Pid.Sus/2015 is not appropriate based on Article 38 of the Criminal Code where the revocation of political rights does not have a time period or length limit for the revocation of rights.

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