Volume 14 Number 3, July-Septeber 2020: pp. 233-246.

Copyright © 2020 FIAT JUSTISIA. Faculty of Law, Universitas

Lampung, Bandar Lampung, Indonesia.
ISSN: 1978-5186 | e-ISSN: 2477-6238.
http://jurnal.fh.unila.ac.id/index.php/fiat

Death Penalty for Corruptors: Between the Human Rights

and Challenges of Progress in Indonesian Law
Toba Sastrawan Manik1, Sunarso2
1
Universitas Negeri Yogyakarta, Indonesia, Email: [email protected]
2
Universitas Negeri Yogyakarta, Indonesia, Email: [email protected]

Article Info Abstract

Keywords: The study concerned here examined students'
Corruption, Death Penalty, perceptions of death penalty existence for
Students. corruptors. Corruption is a significant problem that
captures the attention of the wider public.
How to cite: Corruption has a vast, systematic, and complex
Toba Sastrawan Manik, Sunarso, impact so that it could be classified as an
“Death Penalty for Corruptors: extraordinary crime. Despite that classification, it
Between the Human Rights and turns out that the public considers corruptors’
Challenges of Progress in punishment in Indonesia still too light and has not
Indonesian Law”, Fiat Justisia: met the public’s expectations regarding justice. The
Jurnal Ilmu Hukum 14, 3 (2020): people still feel the disparity in a penalty for
233-246. corruption. The public believes capital punishment
to a punishment option that could cause a deterrent
DOI: effect. The majority of the public wants corruptors to
10.25041/fiatjustisia.v14no3.1773 be sentenced to death, but there is opposition to the
death penalty on the grounds of upholding human
rights. This study was conducted by students of the
Pendidikan Pancasila dan Kewarganegaraan
(PPKn) or Department of Pancasila and
Citizenship, Faculty of Social Sciences, Universitas
Negeri Medan. It is found in the study that students
agree on the death penalty for corruptors, that they
do not see human rights as an excuse for rejecting
the death penalty. Moreover, the death penalty is to
be viewed as a breakthrough in combating
corruption in Indonesia.

A. Introduction
Corruption is a serious problem in Indonesia. The corruption phenomenon
is carried out on a massive scale by many public officials. It is also confirmed

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Death Penalty for Corruptors : Between Human Rights and… Toba Sastrawan M & Sunarso

by Zaidun1 saying that, as days increased, the development of corruption in

Indonesia has not diminished because, along with the development of regional
autonomy, corruption in Indonesia has extended to all regions of the country
and evenly distributed all over the regions. Data from the Indonesian Ministry
of Home Affairs (Kemendagri) recorded that as of January 2014, there were
318 people out of a total of 524 regional and head deputy regional involved in
corruption cases. 2 Corruption is even referred to as a culture (i.e., corruption
as a way of life).3
As a country that is familiar with corruption, Indonesia was ranked the
89 out of 180 countries in the world in 2018.4 It is indicated that anti-
th

corruption enforcement in Indonesia is still weak and slow. One important

factor in combating corruption is from the aspect of law enforcement. The
enforcement of law refers to efforts made by law enforcement officials to
eradicate harmful criminal actions in the country.5
Indonesia is a state of law. 6 Thus, Indonesia respects and executes the law
both in vertical (between the state and society) and horizontal (between any
society member and another) relations. The term state of the law is a special
combined use of two certain words; state and law. It emphasises the form and
nature of mutual relation between the state and the law. The state has the
purpose of maintaining order in relation to the law (rechtsorde).7
Corruption is an act that is against the law. Its affirmation could be seen
in the definition of corruption stipulated in Law No. 20 of 2001 in the
amendment of Law No. 31 of 1999 concerning Eradication of Corruption,
presented by stating that any person who unlawfully commits acts of enriching
oneself (or another person or a corporation) that could be detrimental to the
country's finances or the country's economy shall be sentenced to life
imprisonment or imprisonment for a minimum of 4 (four) years and a
maximum of 20 (twenty) years and a minimum fine of Rp.200.000.000,00

1 Dyatmiko Soemodihardjo, Mencegah dan Memberantas Korupsi. Mencermati Dinamika di

Indonesia (Jakarta: Pustaka Publisher, 2008), 208.
2 Jpnn.com. (2014). “318 Kepala Daerah Terjerat Korupsi”, Available online
form:https://www.jpnn.com/news/318-kepala-daerah-terjerat-korupsi?page=2, accessed
August 27, 2019.
3 H. Siswanto, “Pembangunan Penegakan Hukum Pidana yang Mengefektifkan Korporasi

Sebagai Subjek Tindak Pidana korupsi”, Fiat Justisia Jurnal Ilmu Hukum 9, 1 (2015): 1-16,
https://doi.org/10.25041/fiatjustisia.v9no1.584.
4 Transparancy International Indonesia. (2019). ”Indeks Persepsi Korupsi Indonesia 2018 Naik

Jadi 38 Poin ”available online form:https://nasional.tempo.co/read/1170330/indeks-persepsi-

korupsi-indonesia-2018-naik-jadi-38-poin/full&view=ok (accessed August 27,2019.)
5 M Muchlis, “Penegakan Hukum Terhadap Tindak Pidana Korupsi Dengan Kerugian Negara

Yang Kecil Dalam Mewujudkan Keadilan”, Fiat Justisia Jurnal Ilmu Hukum 10, 2 (2016): 221-
412, https://doi.org/10.25041/fiatjustisia.v10no2.652.
6 Article 1 (3) Indonesian Consitution 1945.
7 Majda El Muhtaj, Hak Asasi Manusia dalam Konstitusi Indonesia. Dari UUD 1945 sampai

Amandemen UUD 1945 Tahun 2002 (Jakarta: Kencana Prenadamedia Group, 2015), 19-20.

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Volume 14 Number 3, July-September 2020

(two hundred million Indonesian Rupiah) and a maximum fine of

Rp.1.000.000000,00 (one billion Indonesian Rupiah).8
Based on the definition above, the main idea is the massive emergence of
new corruptors and also the lack of the law’s execution in maintaining justice
in the process of law enforcement against corruptors in Indonesia. The public
still regards the verdict given to the perpetrators of corruption as not yet
fulfilling the public's sense of justice. It is still considered not proportional.
One of the reasons is that the verdict given by the panel of judges is still
relatively light and disparity often occurs between the verdicts for similar
cases. As a result, the punishment for corruptors is inconsistent. 9
The public expects tougher punishment and even the death penalty in
fighting against corruption. According to a survey by the Indonesian Survey
Center (ISC), the public expects a deterrent effect as a sanction, hence the
death penalty (according to 49.2% of the respondents), life imprisonment
(according to 24.6% of them), and impoverishment of corruptors (according
to 11.3% of them).10 The deterrent effect results in corruptors in fear
discouraged or lost interest in committing the crime because of the
punishment.
Law No. 20 of 2001 on Eradicating Corruption mentioned the death
penalty for corruptors. However, it is restricted to certain circumstances. In
Paragraph (2) of Article 2, it is stated that in the case of a criminal act of
corruption as referred to in Paragraph (1) being carried out in certain
circumstances, the death penalty might be imposed. Certain circumstance is a
provision for giving heavier punishment to the perpetrators of corruption if
the crime is committed when the country is in danger according to the law,
such as when national natural disasters occur, when it is done as a repetition
of a criminal act of corruption by the same person, or when the country is in a
state of economic and monetary crisis.
The public's desire for corruptors in Indonesia to be sentenced to death
is not without opposition from a part of the public itself. These opponents are
those who say that the death penalty both for corruptors and for perpetrators
of other crimes violates the human rights and the 1945 Constitution of the
Republic of Indonesia. 11 Any decision concerning the matter needs to involve

8 Law No. 20 of 2001 the changes of Law No 31 of 1999 Concerning Eradiction of Corruption,
Article 2 (1).
9 Indonesia Corruption Watch (ICW), Studi atas Disparitas Putusan Pemidanaan Perkara

Tindak Pidana Korupsi, (2014), 22.

10 Indonesia Survey Center, (2014). “Publik Pilih Hukuman Mati untuk Koruptor.” available

online form: https://www.liputan6.com/news/read/810134/publik-pilih-hukuman-mati-untuk-

koruptor?utm_expid=.9Z4i5ypGQeGiS7w9arwTvQ.0&utm_referrer=https%3A%2F%2Ffanyv88.com%3A443%2Fhttps%2Fww
w.google.com%2F. (accessed on August 27,2019).
11 Hukumonline.com. (2003). “Hukuman mati bagi koruptor, Perlukah?” available online form:

https://www.hukumonline.com/berita/baca/hol7486/hukuman-mati-bagi-koruptor-/. (accessed
on Agustus, 27, 2019.)

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more people. These people include aspiring students as strata in society that
has an above-average scholarship. It is encouraged the writers to examine the
students' perceptions of corruption in Indonesia, and especially from the point
of the students of the Department of Pancasila and Citizenship (PPKn), Social
Sciences Faculty, Universitas Negeri Medan.
The research is sociological-juridical. Such research aims at finding facts
in society.12 The data collection was carried out by using survey methods with
observation and questionnaire techniques of data collection. This study
involved initially been 147 people and then sampled only 30 people, selected
using a purposive/judgmental sampling method with indicators of active in
students’ organizations and earning the final GPA of 3.00. The data analysis
technique used was a simple one using percentage calculations which were
then analyzed descriptively quantitatively.

B. Discussion

1. Death Penalty
Capital punishment is not something new in Indonesian criminal law.
Otherwise known as the death penalty, it had already existed before the more
modern legal system became known. Therefore, the death penalty is familiar
as an older punishment. Even so, according to Amnesty International as of
December 31, 2015, the development of the death penalty globally is divided
into four types (related to numbers of countries treating it differently), namely,
(1) being abolished for all types of crime: 102; (2) being abolished for only
ordinary crimes: 6; (3) being abolished in practice: 32; (4) being totally
abolished in law or practice: 140; and (5) being maintained: 58.13 Indonesia is
among the 58 countries belonging to the category of maintaining the practice
of capital punishment in criminal law.
Historically, capital punishment has been known in the archipelago.
According to Artiono,14 since the Majapahit Kingdom era, the death penalty
has been used as a necessary punishment for proven guilty people.
Today, Indonesia still maintains the death penalty in its criminal law.
However, the abolition of the death penalty by the Dutch Colonization is not
implemented by Indonesia. According to Satochid Kartanegara,15 the reasons
were based on (a) Indonesia consists of various ethnic groups and there are
colonies with a population comprised of various tribes that it is very easy to
cause various conflicts between tribes and, to avoid conflicts and their

12 Soejono Soekanto, Pengantar Penelitian Hukum (Jakarta: UI Press, 1982), 10.

13Amnesty International, Vonis Hukuman Mati Dan Eksekusi Pada Tahun 2015 (London:
Amnesty International Ltd, 2015), 34
14 Yon Artiono Arbai, Aku Menolak Hukuman Mati. Telaah Atas Penerapan Pidana Mati

(Jakarta: Kepustakaan Populer Gramedia, 2012), 15.

15 Artiono, Loc.Cit., 16

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consequences, the death penalty is considered necessary to maintain; (b)

Indonesia consists of a large number of islands and at that time the colonial
government apparatus was inadequate, in addition to the transportation
facilities between islands being also imperfect; and (c) regardless of the
reasons related to geographical circumstances, some experts argue that a
region with colonies requires absolute power to maintain public order so that
it could be accounted for.
In Indonesian criminal law, the death penalty is placed as the chief
punishment. It could be seen in Article 10 of the Criminal Code, which divides
criminal punishment into two types, namely, (a) the main sentence in the form
of the death penalty, imprisonment, confinement, or fine, and (b) an additional
punishment in the form of revocation of certain rights, seizure of certain
goods, or public announcement of a judge's decision. 16 The definition of the
main punishment, according to Ishaq 17, is a sentence that is free from other
penalties, meaning that it could be handed down to the convicted parties
independently. According to Kholiq18, in a criminal system, the existence of
capital punishment is still legitimized by Section (a) in Article 10 of the
Criminal Code. Therefore, the death penalty remains valid as a sanction that
one is threatened with for various serious crimes such as
a. The crime aims to harm or murder the president or vice president (Article
104);
b. Inviting foreign countries to invade Indonesia (Paragraph 2, Article 111);
c. Manslaughter the head of a State (Article 140 paragraph 1);
d. Premeditated murder (Article 340);
e. Theft with violence resulting in the death of the victim (Paragraph 4,
Article 365).
Outside the Criminal Code, various laws also show a tendency to maintain
capital punishment. They are, for example, laws concerning crimes related to
narcotics (Law No.22 of 1997) and psychotropics (Law No.5 of 1997),
corruption crimes (Law No.31 of 1999 jo. Law No. 20 of 2001), violation
towards human-rights crimes (Law No.26 2000), and the crime of terrorism
as stipulated in PERPPU (Regulation Substituting for a Law) No. 1 of 2002,
passed later into Law No.15 of 2003.
The purpose of the death penalty being imposed in Indonesia, according
to Djamali,19 is to make the people pay attention to the government’s firm
avoidance from peace disturbance that is very much feared by the public. With
the death penalty, it is hoped that the people would become afraid of

16 Article 10 of the Criminal Code

17 H. Ishaq, Pengantar Hukum Indonesia (PHI) (Jakarta: Raja Grafindo Persada, 2014), 138.
18 M. A. Kholiq, “Kontroversi Hukuman Mati dan Kebijakan Regulasinya Dalam RUU KUHP

(Studi Komparatif Menurut Hukum Islam)”, Jurnal Hukum 14, No. 2 (2007): 185-209,
https://doi.org/10.20885/iustum.vol14.iss2.art1.
19 Abdoel Djamali, Pengantar Hukum Indonesia (Jakarta: Raja Grafindo Persada, 2011), 187.

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committing the crime concerned. The whole community is expected to be

afraid of doing it. Thus, there will be no actions of murder or other crimes that
could make the perpetrators sentenced to death.
The point is that the application of the death penalty on corruptors has
legal reasons and an urgent public need. Even though there is a conflict
between the death penalty and the concept of human rights, at least according
to the Constitutional Court, the death penalty is legal in Indonesia. 20

2. Corruption in Indonesia
According to Wattimena,21 etymologically, the word corruption comes
from a Latin word, namely, corruptus (damaging or destroying). Furthermore,
according to Aristotle, corruption is synonymous with two things; death and
moral decadence, which then Aristotle equated with hedonism or the way of
life whose primary purpose is to seek physical favours alone.22 From the point
of social pathology, Kartono23 defines corruption as follows:
“Corruption is the behaviour of individuals who use authority and
position is used to extract personal gain, harming public and state interests”.
So, corruption is a symptom of power misuse and mismanagement for
personal gain and mismanagement of state wealth by using formal authority
and powers (for example, with legal reasons and the power of weapons) to
enrich themselves.
Legally, the definition of corruption is implied in the phrase as follows:
anyone who unlawfully commits acts of improving oneself (or another person
or a corporation) that could harm the country's finances or the country's
economy.24 This expression is sufficient to emphasise corrupt behaviour.
The cause of the corruption strengthening and becoming massive in
Indonesia needs to be explored in more depth because of its essential relevance
in the formulation of policymaking to eradicate it. The corruption which is so
widespread and so easy to occur in Indonesia, according to Andi Hamzah25, is
caused by (a) insufficient salary or income of the civil servants in comparison
with the needs that are increasingly on the rise; (b) the Indonesian cultural
background which serves as source or cause of widespread corruption; (c)
poor management and less effective and efficient controls; and (d)
modernisation.

20 Magazine of Mahkamah Konstitusi (2015)

21 Wattimena A. A, Filsafat anti Korupsi (Jakarta: Kanisius, 2012), 8.
22 Ibid., 9
23 Kartini Kartono, Patologi Sosial, (Jakarta: Raja Grafindo Persada, 2009), 90.
24 Law Number 20 of 2001 changes to Law No. 31 of 1999 in Article 2 paragraph (1).
25 Hamzah dalam Jawade Hafidz Arsyad, Korupsi dalam Perspektif HAN (Hukum Administrasi

Negara) (Jakarta Timur: Sinar Grafika, 2013), 11-14.

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Opinions of other figures are almost similar. Syamsuddin26 finds that

factors that trigger or cause criminal acts of corruption are (a) weak religious,
moral, and ethical education; (b) lack of strong sanctions for corrupt
behaviour; (c) the absence of a transparent governance system (good
governance); (d) economic factors (in some countries, low salaries of public
officials often cause corruption to become a “culture”), (d) poor management
and lack of effective and efficient supervision, and (e) the modernization that
causes a shift in the values of life that develop in society.26 It could be said
that the consequences above are immaterial or calculated more to be of the
aspect of morality. In addition to the above effects, of course, corruption also
takes a lot from state finances which should be used for national development
and public interest.

3. Corruption and the Death Penalty?

The findings of this study are that 90% of the respondents say that they
understand and have followed the development of corruption in Indonesia and
all (or 100%) of them say that Indonesia is already in an alarming state of
corruption and 93.34% of them say that the roots of the corruption are strong.
This study also finds that 90% of the respondents consider that anti-corruption
enforcement is still weak and not optimum. So 70% of the respondents agree
that the sentence given for committing corruption has not fully provided a
deterrent effect.
Respondents choose the choice of capital punishment for corruptors,
with a percentage of 70%. Of the 70% (19 respondents), 84.21% are very sure
that the death penalty would have a deterrent effect and the rest stated that
they are unsure, but for them, there is no choice other than the death penalty
in Indonesia. The reason for refusing the death penalty on the ground of human
rights is not too significant, expressed by only 50% of the respondents. Other
reasons are the lack of any guarantee of the death penalty as a solution (as
expressed by 25% of the respondents) and the need for other alternatives (as
also expressed by 25% of the respondents). It is quite interesting because the
reasons for refusing capital punishment are not absolutely considerations
related to human rights.
According to Gundar Myrdal27, corruption in South and Southeast Asia
stems from the disease of neo-patrimonialism, which is the feudal legacy of
kingdoms accustomed to patron clients. In this context, the people or
subordinates are obliged to give “tributes” (developing into “envelopes”,
bribes, commissions, etc.) to the holders of power or superiors (bosses,
officials, etc.). Syed Hussein Alatas gives a similar view 28 in stating that

26 Aziz Syamsuddin, Tindak Pidana Khusus (Jakarta: Sinar Grafika, 2011), 15.
27 See in S Didin Damanhuri, Korupsi, Reformasi Birokrasi dan Masa Depan Ekonomi
Indonesia, (Jakarta.: Fakultas Ekonomi Universitas Indonesia, 2006), 9.
28 Ibid.

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corruption in Asia is related to the historical-structural inheritance that has

been running for centuries due to the repression carried out by the colonizers.
From the opinions of some of the figures above, one could conclude
that corruption has entered the level of mentality and even become
“entrenched” like a culture in the lives of the Indonesian people specifically.
And that is complemented with the current development of modernization as
mentioned above, is one of its causes. Corruption is getting increasingly
stronger, lasting, and embedded in the minds of the people. With this
consideration as a basis, corruption is classified as an extraordinary crime.
It turns out that, although classified as an extraordinary crime, in reality,
the enforcement of anti-corruption and the eradication of corruption seem
ordinary. Extraordinary measures and extraordinary legal instruments should
be applied to corruption.29 The public still considers the verdict on corruption
not fair and not yet proportional. It is indicated by the relatively light decision
of the judge's verdict, and often there is even a disparity in the verdict. So there
is inconsistency in the punishment for corruptors.30
According to ICW, in quantity, the sentences of less than 4 years in
length given for corruption reach 76.8% (as convictions of 546 defendants),
with 39% (or 231) of them being sentenced to 1-year imprisonment. Sentences
of 4 years or more compose as much as 23.3% (as convictions of 138
defendants), with 91 of the 138 defendants being sentenced to 4-years
imprisonment. So, according to ICW, the average rate of the sentences handed
down by the court is around two years and three months in prison.31
It is confirmed that there are logical and empirical reasons for the public
wanting capital punishment for corruptors. The majority of the public
considers that the conventional sentence of imprisonment is ineffective and
does not have a deterrent effect on corruptors; most members of the public
request that corruptors be put to death not only within certain circumstances.
Considerations of human rights or Hak Asasi Manusia are ruled out because
there are no other options for the relatively entrenched state of corruption in
Indonesia.
From the point of existence, tendencies, and systemic impacts, there are
truth and logical reasons why the death penalty is appropriate for corruptors.
But, from the point of humanistic considerations, matters concerning human
rights should still be paid attention to. Nevertheless, there should still be a
final decision. There are no grey areas in fighting corruption.
In the Law of the Criminal Act of Corruption, there is a threat of capital
punishment, but it is, as previously said, limited to certain circumstances. In

29 Edi Yuhermansyah, Zaziratul Fariza, “Pidana Mati Dalam Undang-Undang Tindak Pidana
Korupsi (Kajian Teori Zawajir dan Jawabir)”, Legitimasi 1, 1 (2017), 156-174,
https://doi.org/10.22373/legitimasi.v6i1.1848.
30 Indonesia Corruption Watch (ICW), (2014), 22.
31 Ibid.

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Paragraph (2) of Article 2, it is stated that, in the event that a criminal act of
corruption as referred to in Paragraph (1) is carried out in certain
circumstances, the death penalty might be imposed. It means that the criminal
act of corruption merits the death penalty if the act is committed in the
circumstance of the country is in danger according to the law in effect, of a
national natural disaster being in occurrence, of the act being a repetition of a
criminal act of corruption by the same person, or of the country is in a state of
economic and monetary crisis.
If you follow the limits mentioned in the explanation, it could be as
certain that it is difficult for corruptors to be sentenced to death because the
law does not provide clear limits and criteria and even becomes a barrier to
corruptors being sentenced to death. Table32 argues as follows.
One of the reasons for not applying the death penalty on corruptors is that
conditions follow the formulation of the death penalty in “certain
circumstances” (Paragraph (2), Article 2). In the explanation of this Article, it
is formulated that what is meant by conditions of “certain circumstance” in
this provision is intended to make the burden heavier for perpetrators of
corruption if the crime is committed when the state is in danger in accordance
with applicable law when a national natural disaster occurs when it is a
repetition of an act previously done by the same person, or when the country
is in a state of economic and monetary crisis.
Limiting the death penalty for corruptors to only certain circumstances,
according to Artidjo Alkostar,33 is even contradictory to the eradication of
corruption because the parameters are unclear. To have clear and measurable
parameters, according to Busyro Muqodas34, the three main criteria that could
make corruptors deserve capital punishment are, namely, (a) the corruption is
of more than Rp. 100 billion, causing massive public loss; (b) the corruption
is committed by state officials, and (c) the corruption is repeatedly carried out.
It could be seen that not only the general public but also legal experts want
corruptors to be put to death. According to Anjari,35 the criteria for the
determination of the death penalty for perpetrators of crimes is by (1) going
beyond humanitarian limits, (2) harming and threatening many humans, (3)
damaging the nation's generation, (4) damaging the nation's civilization, (5)
damaging the order on earth, and (6) harming and destroying the country's
economy. Corruption, according to him, is one of the criminal offences that
deserve a death sentence. So, to have a benchmark for law enforcers in
interpreting how much state losses could be sanctioned with a death sentence,

32 R. M. Toule, E. “Eksistensi Ancaman Pidana Mati dalam Undang-Undang Tindak Pidana

Korupsi”, Jurnal Hukum Prioris 3, No. 3 (2013). 103-110.
33 Ibid., 106.
34 Ibid., 106.
35 WAnjari, “Penjatuhan Pidana Mati Di Indonesia Dalam Perspektif Hak Asasi Manusia”, E-

Jurnal Widya Yustisia, 1, No. 2 (2015): 107-115.

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the Law of the Corruption Criminal Act should be explicitly formulated more
broadly in relation with capital punishment.36

4. Death Penalty for Legal Progressiveness?

There is an agreement concerning the statement that corruption is an
extraordinary crime and that the form of the punishment is to be also
analogously extraordinary. It means that in eradicating corruption in
Indonesia, progressive legal steps are needed. Progressive law is a significant
breakthrough and/or progressive interpretation of the law. According to
Rahardjo, progressive law is the law that is affirmative rather than submissive.
Being affirmative here refers to the occurrence of the courage to
conventionally carry out liberation and emphasize the use of other methods,
which is often called a breakthrough. 37 Rahardjo stressed the importance of
judges and prosecutors daring to read texts freely and progressively by placing
them in context according to current social conditions and social goals. 38
The view of legal progressiveness is very much in accordance with the
reality of corruption practices. To further strengthen the pros for the death
penalty for corruptors, the International Human Rights instrument formulation
in the ratification of the ICCPR, in reality, opens contextual and social-interest
considerations as a justification for corruption eradication by enforcing the
death penalty for the most serious crimes and bypassing the highest judicial
series.39 The Constitutional Court confirmed the same thing by stating that the
opportunity and agreement to apply the death penalty contained in Paragraph
(2) of Article 6 are only for special and serious crimes. 40
If we honestly analyze and consider the motivations and manifestations
of corruption in Indonesia, debate on the legal principles regarding the
acceptance of the death penalty for corruptors is no longer necessary. It could
not be other than the policy of legal progressiveness in Indonesia to include
the imposition of capital punishment for corruptors. If we continue to be
trapped in debates on principles, then corruption would have no end.
The death penalty for corruptors is interesting to think about and to
discuss in depth. It should involve all vital elements of the nationality,
including students who have a big part in continuing the life of the nation.

C. Conclusions

36 Denny Latumaerissa, “Tinjauan Yuridis Tentang Penerapan Ancaman Pidana Mati dalam
Tindak Pidana Korupsi”, Jurnal Sasi 20, No. 1 (2014): 8-18.
37 Satjipto Rahardjo, Hukum Progresif Sebuah Sintesa Hukum Indonesia (Yogyakarta: Genta

Publishing, 2009), 142.

38 Ibid., 144.
39 Law No. 12 of 2005 ratification of the International Covenant on Civil and Political Rights

(ICCPR), Article 6 paragraph (2).

40 Hwian Christianto, “Tata Cara Pelaksanaan Pidana Mati bagi Terpidana Mati dalam Hukum

Pidana,” Jurnal Konstitusi 1, No. 9 (2009): 25-38.

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Volume 14 Number 3, July-September 2020

The death penalty for corruptors creates a dilemma both academically

and sociologically. Academically, the death penalty for corruptors might be
applied but still in a minimal way. Considerations of human rights also
become important considerations. However, human-rights considerations are
not completely wholesome. Some academics agree with the death penalty for
corruptors because it is juridical permitted by the Indonesian legal system.
Sociologically, the death penalty for corruptors is desired by the public, which
includes the subjects of this research from the students’ circles. The fact that
the level of corruption is massive, but the sentences handed down by the
judiciary are weak urges people to expect the death penalty. Legal
progressiveness has become a new alternative study for the Indonesian legal
world to bridge the facts about corruption and people's aspirations.

Acknowledgements
The writers thank Dr. Sunarso, M. Si as a lecturer in the subject of Human
Rights and Democracy Education who encouraged rewriting about the death
penalty and corruption in Indonesia and also helped to provide input and
references. The writers’ thanks are likewise expressed to Dra. Yusna Melianti,
M. Hum, who was greatly involved and importantly so in the initial writing
about the theme concerned.

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