Juridical Review on the Death Penalty for Criminal Acts of Corruption in Human Rights Perspective

Abstract

The purpose of this article is to determine the application of the death penalty to perpetrators of criminal acts of corruption in the perspective of human rights, then the second is to determine the effectiveness of the application of the death penalty in corruption. This study uses a juridical-normative approach whose main data source is secondary data, namely in the form of written materials about the law which are then analyzed quantitatively with the aim of producing analytical descriptive data. From this research, it is found that international law has not explicitly prohibited the implementation of the death penalty, but the rules that have been set are related to the prohibition of deprivation of the right to life. Until now, there has been no restriction on the death penalty worldwide because there are conditions that must be met in the procedure for implementing the death penalty. This corruption issue clearly violates human rights and is a crime that is detrimental to the state and poses a risk to the sustainability of the state. However, in our opinion, the implementation of the death penalty for corruption in Indonesia is not effective, because the implementation of the death penalty does not guarantee that corruption cases will stop.