The Revocation of Corruptors’ Political Rights in Indonesian Legal System

Sugiharto, Imawan and Asmarudin, Imam (2018) The Revocation of Corruptors’ Political Rights in Indonesian Legal System. International Journal of Engineering & Technology, 7 (3.21). pp. 491-496. ISSN 2227-524X

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Abstract

The Indonesian government experiences constant shocks as some state actors at central and regional levels, either of executive, legisla-tive or judicative bodies, are adjudicated for corruption cases. As it is considered as an extraordinary crime, the Corruption Eradication Commission (KomisiPemberantasan Korupsi or KPK) made a legal breakthrough by imposing punishment in addition to principal pun-ishment for a deterrent effect. The said additional punishment is in the form of revocation of corruptors political rights asconducted by Criminal Corruption Judge and confirmed by Decision of the Supreme Court of the Republic of Indonesia. However, this decision cre-ates a polemic because of the existence of Decision of Constitutional Court of the Republic of Indonesia which cannot annul punishment in the form of revocation of citizens political rights, for it is considered contradictory to the 1945 Constitution of the Republic of Indone-sia. There is an overlapping between the Decision of the Supreme Court of the Republic of Indonesia with the Decision of the Constitu-tional Court of the Republic of Indonesia stating that such revocation of political rights violates the human rights. Our contention is that overlapping authorities and impacts of revocation of political rights require an additional legal instrument. This is important to ensure the mechanism of the revocation aligns with the human rights and exhibits a progressive legal movement in eradicating corruption. Keywords:Revocation of Political Rights; Corruption;Legal System

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