CD Skripsi
Tinjauan Yuridis Pemberian Grasi Terhadap Pelaku Tindak Pidana Korupsi Dikaitkan Dengan Teori Pemidanaan
ABSTRACT
Clemency is a pardon in the form of amendment, mitigation, reduction, or
elimination of the implementation of a criminal offense given by the president.
Granting clemency to prisoners is regulated in the Indonesian constitution,
namely Article 14 Paragraph (1) of the Constitution of the Republic of Indonesia
that, "The President grants clemency and rehabilitation by taking into account the
considerations of the Supreme Court". Clemency is a reduction of punishment,
this can be found in Indonesian positive law, namely in Article 1 of Law No. 22 of
2002 in conjunction with Law No. 5 of 2010 concerning clemency.
This research will be compiled using the juridical normative type of
research, which is research that is focused on examining the application of the
rules or norms in positive law. The approach used in this research is to use a
normative approach, namely literature law research. The results of the research
conducted by the author are, first to find out whether or not clemency is granted
to the perpetrator of the criminal act of corruption if it is linked to the theory of
punishment and the ideal arrangement related to clemency against corruptors.
The granting of clemency by the President has a negative impact on the
convicted person, that is, it does not cause a deterrent effect, because with the
provision of clemency, the convict can repeat the same crime. The impact on
society with the provision of clemency in certain cases is that it is feared that the
public will commit the same crime, because it is felt that it does not provide a
deterrent effect for criminals, especially those who commit corruption. Granting
clemency to perpetrators of criminal acts of corruption will have a negative
impact on efforts to eradicate corruption. Clemency granting must also be
tightened so that there is a deterrent effect in the future for corruptors. Because
the party most affected by corruption crimes committed by convicted people is the
community itself. Therefore, it is necessary to have a criminal law policy against
the granting of clemency for criminal acts of corruption so that clemency is not
given to convicts caught in corruption cases.
Keywords: Granting Clemency- Corruption Crime - Criminal Theory
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