ANALISIS PEMBERIAN GRASI TERHADAP TERPIDANA KORUPSI

Abstract

War against corruption in Indonesia arises since the downfall of new order era. In this era called reformation, Government started to punish the corruptors and arrest them. Even the Government formed a special institution which assigned to combat against corruption called Komisi Pemberantasan Korupsi. It is due to corruption practices are already rampant to the ground level. Moreover, corruption is considered as an extraordinary crime. One of the factors of this rampant corruption is because there is no fear or deterrent effect in the mind of the corruptors or people towards the punishment for the corruptor. All this time, corruptors are being treated just like ordinary convict even though they did an extraordinary crime. Moreover they still have a chance to get a clemency. This will reduce the purposes of criminal punishment which are to give retaliation, deterrent effect and to maintain public order. Regarding this matter, it is highly needed to be ruled towards the limitation for the President regarding clemency for the corruptors. So that in the future, clemency will not injured the purpose of criminal punishment and the criminal law can be implemented effectively