Corruption During Non-Natural Disaster: Is Death Penalty Necessary?

Extraordinary measures are needed to combat corruption in Indonesia which has been characterised as an extraordinary crime. This includes the application of death penalty as governed in Section 2 point (2) of the Corruption Eradication Act 1999. This paper intends to analyse the implementation of th...

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Main Authors: Faisal Abdaud, Ming-Hsi Sung, Wahyudi Umar
Format: Article
Language:English
Published: Universitas Muhammadiyah Yogyakarta 2022-06-01
Series:Jurnal Media Hukum
Subjects:
Online Access:https://journal.umy.ac.id/index.php/jmh/article/view/14247
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author Faisal Abdaud
Ming-Hsi Sung
Wahyudi Umar
author_facet Faisal Abdaud
Ming-Hsi Sung
Wahyudi Umar
author_sort Faisal Abdaud
collection DOAJ
description Extraordinary measures are needed to combat corruption in Indonesia which has been characterised as an extraordinary crime. This includes the application of death penalty as governed in Section 2 point (2) of the Corruption Eradication Act 1999. This paper intends to analyse the implementation of the aforementioned article on corruption case that occurs during the COVID-19 outbreak. This normative legal research relies on secondary date which are collected from various sources including books, journals, related legislation. The result of the research shows that,  in regard to corruption case, the death penalty is only applicable when the corruption is committed in certain circumstances as intended in Section 2 point (2) of the Corruption Eradication Act 1999  and its amendment. These include the event of state emergency and national natural disaster. By virtue of the principle of legality, death penalty cannot be applied to the corruption cases that occurs during the national non-natural disaster like the Covid-19 pandemic. Reinterpretation of the phrase "certain circumstances" is needed for the sake of promoting justice. They should include national non-natural disasters like the Covid-19 pandemic.
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spelling doaj.art-74711dcd841e4df6bb00f0c5ace9daa12022-12-22T04:29:44ZengUniversitas Muhammadiyah YogyakartaJurnal Media Hukum0854-89192503-10232022-06-01291546410.18196/jmh.v29i1.142475914Corruption During Non-Natural Disaster: Is Death Penalty Necessary?Faisal Abdaud0Ming-Hsi Sung1Wahyudi Umar2Universitas Muhammadiyah KendariAsia UniversityUniversitas Muhammadiyah KendariExtraordinary measures are needed to combat corruption in Indonesia which has been characterised as an extraordinary crime. This includes the application of death penalty as governed in Section 2 point (2) of the Corruption Eradication Act 1999. This paper intends to analyse the implementation of the aforementioned article on corruption case that occurs during the COVID-19 outbreak. This normative legal research relies on secondary date which are collected from various sources including books, journals, related legislation. The result of the research shows that,  in regard to corruption case, the death penalty is only applicable when the corruption is committed in certain circumstances as intended in Section 2 point (2) of the Corruption Eradication Act 1999  and its amendment. These include the event of state emergency and national natural disaster. By virtue of the principle of legality, death penalty cannot be applied to the corruption cases that occurs during the national non-natural disaster like the Covid-19 pandemic. Reinterpretation of the phrase "certain circumstances" is needed for the sake of promoting justice. They should include national non-natural disasters like the Covid-19 pandemic.https://journal.umy.ac.id/index.php/jmh/article/view/14247corruptiondeath penaltycovid-19
spellingShingle Faisal Abdaud
Ming-Hsi Sung
Wahyudi Umar
Corruption During Non-Natural Disaster: Is Death Penalty Necessary?
Jurnal Media Hukum
corruption
death penalty
covid-19
title Corruption During Non-Natural Disaster: Is Death Penalty Necessary?
title_full Corruption During Non-Natural Disaster: Is Death Penalty Necessary?
title_fullStr Corruption During Non-Natural Disaster: Is Death Penalty Necessary?
title_full_unstemmed Corruption During Non-Natural Disaster: Is Death Penalty Necessary?
title_short Corruption During Non-Natural Disaster: Is Death Penalty Necessary?
title_sort corruption during non natural disaster is death penalty necessary
topic corruption
death penalty
covid-19
url https://journal.umy.ac.id/index.php/jmh/article/view/14247
work_keys_str_mv AT faisalabdaud corruptionduringnonnaturaldisasterisdeathpenaltynecessary
AT minghsisung corruptionduringnonnaturaldisasterisdeathpenaltynecessary
AT wahyudiumar corruptionduringnonnaturaldisasterisdeathpenaltynecessary