Abstrak


KAJIAN RATIO DECIDENDI PIDANA TAMBAHAN BERUPA PENCABUTAN HAK POLITIK BAGI MANTAN TERPIDANA KORUPSI (Studi Putusan Mahkamah Agung Nomor 537 K/Pid.Sus/2014, Putusan PT Jakarta 2/Pid.Tpk/2023/PT DKI, Putusan PT Bandung Nomor 43/Pid.Tpk/2021/PT Bandung)


Oleh :
Muhammad Dafa Khairulloh - E0020305 - Fak. Hukum

This study aims to determine the judge's decision ratio in deciding cases related to additional punishment in the form of revocation of political rights for former convicts of criminal acts of corruption and to determine the ideality of imposing additional punishment in the form of revocation of political rights so that it is in accordance with statutory regulations.

This research is a type of normative or doctrinal legal research with a case study approach. The sources of legal materials used are primary and secondary legal materials. The method for collecting legal materials uses library research and documentation and is analyzed using descriptive qualitative methods.

Based on this research, the results obtained are that one of the judge's decision ratios in imposing an additional criminal term in the form of revocation of political rights is to refer to Article 38 paragraph 1 of the Criminal Code which regulates that the period of revocation of rights if the main penalty is imprisonment/imprisonment then the revocation of rights is a minimum of 2 years and maximum 5 years. Meanwhile, the Supreme Court Decision Number 537 K/Pid.Sus/2014 does not include a time period for the revocation of political rights, which results in legal uncertainty for former prisoners. Therefore, ideally the Supreme Court's decision should include the length of time for the revocation of political rights as a form of legal certainty and protection for former corruption convicts. In this case, Article 38 paragraph 1 of the Criminal Code is the basis for the judge's consideration in deciding to impose additional criminal penalties in the form of revocation of rights.