Pidana Mati Bagi Koruptor Dana Bencana Non Alam: Studi Terhadap Konsekuensi Keputusan Presiden Nomor 12 Tahun 2020

Abstract

The Death Penalty is the main punishment in Article 10 of the Criminal Code, and is also contained in Article 2 paragraph 2 of Law No. 31 of 1999 concerning the Eradication of Corruption. The pros and cons of the possibility of corruptors of Covid-19 pandemic funds in the death penalty became a hot issue at the end of 2020, after the appointment of the Minister of Social Affairs as a suspect in a corruption case of social assistance funds. This study is more directed at whether corruptors of aid funds during the Covid-19 pandemic can be punished with death if it is connected with the consequences of the issuance of Presidential Decree No. 12 of 2020 which stipulates Covid-19 as a Non-natural disaster. The result of this study is that the logical consequence of determining the Covid-19 outbreak as a non-natural disaster according to Presidential Decree No. 12/2020 is that it is very impossible for the death penalty to be imposed on corruptors considering that in the explanation of Article 2 paragraph 2 of Law No. 31 of 1999 requires natural disasters as a condition of the phrase "certain circumstances" in order to be sentenced to death for corruptors.

Keywords: Death Penalty, Non-Natural Disasters, KPK