PENCABUTAN HAK MEMILIH DAN DIPILIH TERHADAP NARAPIDANA TINDAK PIDANA KORUPSI DALAM JABATAN PUBLIK
| Main Author: | Puspita, Rona |
|---|---|
| Format: | Book application/pdf Journal |
| Terbitan: |
UI Scholars Hub
, 2021
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| Subjects: | |
| Online Access: |
https://scholarhub.ui.ac.id/dharmasisya/vol1/iss2/37 https://scholarhub.ui.ac.id/cgi/viewcontent.cgi?article=1078&context=dharmasisya |
Daftar Isi:
- The phenomenon of the proliferation of public officials and political figures who have been caught up in corruption cases has caused enough efforts by law enforcement officials to stop it. Article 10 letter b number 1 of the Criminal Code states that additional sanctions can be in the form of revocation of certain rights. This study aims to determine the regulation regarding revocation of the right to vote and be elected in public office as an additional crime for perpetrators of corruption in terms of human rights perspective. This research used descriptive analytical, which describes the facts in the form of secondary data to select relevant information data that supports research. As we know that the right to vote and the right to be elected is a basic right of citizens. Indonesia recognizes the existence of these rights by regulating them in law, one of which is the political right of ex-convicts of corruption to occupy public positions. Regulations and decisions that restrict ex-convicts of corruption to occupy public positions, namely Law Number 23 of 2014 concerning Regional Government. In Article 58 letter f which has never been sentenced to imprisonment based on a court decision that has obtained permanent legal force because of committing a crime that is threatened with imprisonment of five years or more. However, in its development, the Constitutional Court's decision Number 4/PUU-VII/2009 and the Supreme Court's Decision Number 46 P/HUM/2018, both of these decisions stated that ex-convicts could occupy public positions within a period of 5 (five) years counted after the completion of imprisonment and stated to the public openly and honestly that the concerned ex-convict