Kebijakan Hukum Pidana Terhadap Pemberian Remisi Bagi Narapidana Korupsi Berdasarkan Tujuan Sistem Pemasyarakatan

Elizabeth, Ghozali (2016) Kebijakan Hukum Pidana Terhadap Pemberian Remisi Bagi Narapidana Korupsi Berdasarkan Tujuan Sistem Pemasyarakatan. Doctoral thesis, Universitas Andalas.

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Abstract

ABSTRACT Corruption in Indonesia has become a serious issue. Various efforts to eradicate corruption have been done by the government not only at the level pre-adjudication and of adjudication but also at the level of post adjudication, which is done in the Correction Institution through tightening requirement and procedure to grant remission to the convicted criminal of corruption offence as regulated in the Government Regulation No. 99 of 2012. However, such a criminal policy results in a controversy because it is regarded as to violate citizens’ human rights, viz., the convicted criminals. The identified issues of this research are (1) How is the function of remission for the convicted criminal in the correction system?; (2) How is the government policy related to the granting of remission for the corruption offence viewed from correction aspect and prisoner’s human rights which are universally guaranteed?; and (3) How is the concept of criminal law policy in the future relating to the granting of remission to prisoners especially corruption prisoners? Normative legal research is applied in terms ofdiscussing the research questions and the type of this research is a descriptive one. The source of the data are from secondary data by using primary, secondary and tertiary legal materials. Base on the research conducted, it can be concluded as follows: Firstly, remission has an important role in the process of correction which functions as the essence of corrective measures because it become a stimulus for the convicted criminals to increase the personal quality and at the end remission can also be an indicator for the success of corrective programs. Secondly, the policy applied by the government for the corruption offence through the Government Regulation No. 99 of 2012 is not suitable with corrective principle and contradictory to the Correction Act because the Act stipulates that every prisoner is entitled to geta right of remission without any qualification of certain kinds. Furthermore if it is viewed from aspect of human rights of the convicted criminals, remission right does not constitute non derogable rights. Therefore, the remission rights can restricted as long as it is done with a valid law. Thirdly, the concept of criminal law policy in the future relating to the granting of remission to the corruption offence must be able tu guarantee legal certainty, justice and expediency. To do that, it is necessary to revise the Correction Act or by putting on restriction of remission right through the implementation Article 18 (1) (d) of the Corruption Prevention Act. Key words: Remission, Convicted Criminal, Corruption

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