Human Rights and Corruption in the Perspective of Law Number 39 of 1999, Jo Law Number 21 of 2001 concerning the Eradication of Corruption
Article Sidebar
Main Article Content
Abstract
Background. Corruption is a crime that has a multidimensional impact and hinders national development. As a crime that has caused leakage of state finances, corruption threatens the fulfillment of citizens' basic rights, especially economic, social, and cultural rights.
Purpose. This study aims to understand the basis of judges' considerations in imposing a penalty, including the death penalty, and to analyze whether corruption can be categorized as a violation of Human Rights (HAM).
Method. With a juridical-normative method through the analysis of laws and regulations, doctrines, and literature
Result. This study found that corruption has the characteristics of extra-ordinary crimes and substantially impacts human rights violations, especially when corruption causes a loss of people's access to welfare.
Conclusion. This research confirms that national legal mechanisms need to recognize corruption as a serious human rights violation.
Article Details
This work is licensed under a Creative Commons Attribution 4.0 International License.
References
Affandi Hernadi, Conception, Correlations, and Implementation of Human Rights and Good Governance, paper in Unraveling the Complexity of Human Rights (Multi-Perspective Study), PUSHAM-UII, Yogyakarta, 2005.
Allan McChesney, Advancing and Defending Economic, Social, and Cultural Rights, Insist Press, First Edition, Yogyakarta, 2003.
Ifdal Kasim, Implementation of Economic, Social, and Cultural Rights, Normative Framework and Standards, Paper, presented at the National Seminar Towards the Effective Protection and Monitoring of Economic, Social, and Cultural Rights in Indonesia, held by the Cooperation of the Center for Human Rights Studies, Islamic University of Indonesia, Yogyakarta and the Norwegian Centre for Human Rights, Yogyakarta, April 16-18, 2007.
Jimly Asshiddiqie, Judicial Review of the Study of the Right to Material Examination of Government Regulation Number 19 of 2000 concerning the Joint Team on Corruption Prosecutions, Law and Human Rights Magazine, Second Tenth Year, December, Tangerang, 2006.
Kemberly Ann Eliot, Corruption and the World Economy, Yayasan Obor Indonesia, Jakarta, 2009
Judicial Commission of the Republic of Indonesia, Commitment to Togetherness in Building a Clean Judiciary, Jakarta, 2013
Oemar Seno Aji, Corruption and the Burden of Proof, Oemar Seno Adji & Rekan, Jakaarta, 2006.
Pitlo, et al., Regarding Political Theories and Political Systems to Corruption, Jakarta, 2006.
Romly Atmasasmita, Corruption, Good Governance and the Anti-Corruption Commission in Indonesia, National Legal Development Agency, Ministry of Justice and Human Rights of the Republic of Indonesia, Jakarta 2004.
S.H. Alatas, Corruption, Nature, Causes and Functions, LP3ES, Jakarta, 1987.