Kajian Yuridis Terhadap Penerapan Pidana Mati Berdasarkan Pasal 2 Ayat (2) Undang-undang Tindak Pidana Korupsi

Abstract

Corruption is a criminal act that causes significant harm to state finances and undermines the fundamental principles of governance, thereby requiring extraordinary legal measures. One such measure is the regulation of the death penalty under Indonesian anti-corruption laws, which may be imposed under specific circumstances. This study aims to examine the legal regulation of the death penalty for corruption offenses and to analyze the juridical considerations underlying its application based on Article 2 paragraph (2) of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001. This research employs a normative legal method using statutory and conceptual approaches, supported by primary and secondary legal materials. The findings indicate that although the death penalty is normatively regulated as a response to extraordinary corruption cases, its implementation encounters various juridical, sociological, and philosophical challenges. Therefore, clearer legal parameters and consistent law enforcement are necessary to ensure legal certainty and justice in the application of such sanctions.