Analisis Yuridis Penjatuhan Pidana Tambahan Berupa Pencabutan Hak Politik terhadap Pelaku Tindak Pidana Korupsi yang Terkait dengan Jabatan Publik (Studi Putusan Mahkamah Agung Nomor 1195 K/Pid.Sus/2014)

Abstract

Law as a regulator of all existing points of view, both from activities carried out by a person, or carried out by institutions. Even the law also regulates the actions of a person's behavior with the actions he does and the effects received from these actions. Such as the perpetrators of corruption committed by public officials, such as members of the DPR, governors, mayors, and regents as well as intellectual figures from several political parties. Such behavior makes the country's financial stability worse. In fact, almost everyone does not feel ashamed to bear the title as a suspect/accused in a corruption case, so it is almost not wrong if someone mentions that corruption has become entrenched in Indonesia. Based on the background above, there are identification of problems, namely First, how are the conditions for imposing additional criminal sanctions in the form of revocation of political rights against perpetrators of corruption related to public office. Second, how is the implementation of additional criminal law in the revocation of political rights against perpetrators of corruption related to public office. Third, how is the analysis of the judges' considerations in imposing additional penalties in the form of revocation of political rights against perpetrators who abuse public office in the Decision of the Supreme Court of the Republic of Indonesia Number: 1195 K/Pid. Sus/2014. The research used is a normative juridical research method, namely this type of research is a normative juridical research and is descriptive analytical using a statutory approach, a conceptual approach. The data sources used in this research are secondary data consisting of primary legal materials, secondary materials and tertiary legal materials. The data collection method is library research and to further develop this research. Research using qualitative data analysis methods based on assumptions about reality. And analyze the Decision of the Supreme Court of the Republic of Indonesia Number: 1195 K/Pid. Sus/2014. And the corruption law and human rights law. The point of all the problems is about the revocation of political rights such as active voting rights and passive rights in general elections held based on statutory regulations, in fact it can be a deterrent for convicts of criminal acts of corruption while at the same time creating fear for public officials and other politicians to not commit the crime of corruption with the modus operandi of using power and office facilities. The imposition of criminal sanctions on perpetrators of criminal acts of corruption who use political power and are sentenced to additional penalties in the form of revocation of political rights is a good effort by law enforcers in tackling the rise of corruption.