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| Wahyudi Kurniawan, S.H., M.H.Li., C.Me. |
Few people know that the death penalty awaits those who commit corruption in Indonesia. Wahyudi Kurniawan, S.H., M.H.Li., C.Me., a lecturer in Law at the University of Muhammadiyah Malang (UMM), stated that the death penalty for corruptors in Indonesia has been regulated in Article 2 paragraph (2) of Law No. 31 of 1999 as amended in Law No. 20 of 2001 concerning the Eradication of Corruption. However, there have been no corruptors who have been sentenced to be executed by the court.
"The implementation of the death penalty in Indonesia for corruption cases has not yet been decided, even though the regulation already stipulates it," he said.
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The implementation of the death penalty for corruptors in Indonesia involves multiple complex legal aspects. One of the main issues is the difficulties in collecting sufficient evidence to prove the guilt of an accused in a corruption case. The evidence required in corruption cases is often circumstantial, such as recorded conversations, business documents or complex money trails.
"The main problem in implementing the death penalty for the corruption defendants in Indonesia is the lack of courage of law enforcement officials to prosecute corruption defendants with death penalty charges. There are also many legal considerations in making decisions for corruption defendants. In addition, the current opposition to the death penalty in Indonesia has become a global issue. Indonesia is one of the countries that still applies the death penalty. In contrast, several countries in the world have abolished the death penalty because it violates human rights, the right to life," he explained.
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Another problem is that the number of corruption cases needs to be smaller to be handled efficiently by the justice department. It is common for cases to take a long time to resolve. It has led to prolonged detention for defendants and uncertainty for victims and communities.
In addition, there are also systematic problems in corruption trials in Indonesia. Several corruption cases involving high-ranking government officials have shown procedural errors and abuse of power to the detriment of the public interest. This has led to doubts about the fairness of the judicial system in handling corruption cases.
"Considering these various things, the death penalty for defendants of corruption crimes needs to be reviewed. Aside from being ineffective, there are also problems regarding human rights, where the right to life is a basic right of a human being. Then, is it still necessary? For some legal experts, the death penalty is still needed as a deterrent effect, but for others, people on death row do not need to be sentenced to death. It can be replaced with other punishments that have a deterrent effect on society," he ended. (bal/wil/put)
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