REMISI BAGI NARAPIDANA KORUPSI DALAM UNDANG-UNDANG NO. 22 TAHUN 2022 TENTANG PEMASYARAKATAN PERSPEKTIF POLITIK HUKUM DAN AL-‘UQUBAT AL-ISLAMIYYAH

Pujangga Candrawijayaning Fajri, S.H., NIM.: 22203011086 (2024) REMISI BAGI NARAPIDANA KORUPSI DALAM UNDANG-UNDANG NO. 22 TAHUN 2022 TENTANG PEMASYARAKATAN PERSPEKTIF POLITIK HUKUM DAN AL-‘UQUBAT AL-ISLAMIYYAH. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

One of the rights of the prisoner while in Lapas is to obtain remission, this right has been regulated since the existence of Act No. 12 of 1995. Then the Act a quo, in its rules derived from PP No. 99 of 2012, regulates that the prisoners of corruption must meet additional conditions to be able to get remission, i.e., be a justice collaborator, pay fines, and receive compensatory money based on court decisions. However, the a quo law is then a rule of remission that is intended to attract the attention of the public, According to the a quo law, prisoners are given an easy condition when wanting to obtain remission by merely requiring good behavior, following the construction program, showing fluctuations of risk, and undergoing at least 2/3 of the period of financing. Corruption is an extraordinary crime. In relation to this research, therefore, the methodology used is library research using three approaches: a normative jurisprudential approach, and a conceptual approach. Then, in the data collection technique, he used the library and snowball study techniques, so that the method of analysis encompassed the content analysis method, coupled with deductive techniques. Based on the academic load of this research, the researchers will examine it from the point of view of legal politics and al-‘uqu>ba>t al-Isla>miyyah. The researchers found that the legal policy of giving remission to corruption prisoners embedded in Act No. 22 of 2022 reflects an authoritarian political configuration due to the non-participatory and orthodox nature of the legal product because it does not take into account the realities of societies affected by acute corruption. There is remission for corruption prisoners in thea quo law, which is based on the philosophy of corporationalization to completely eliminate the jera effect so that, in turn, it will potentially continue to escalate corruption cases continuously. This has been demonstrated by ICW data on the Indonesian IPK in 2023, which has not yet shown fluctuations. Then the rule of remission in the a quo law also contradicts al al-‘uqu>ba>t al-Isla>miyyah because the prisoners of corruption have had multi-negative implications for the state, so that the existing punishment becomes disproportionate. Even if the overcrowded Lapas condition remains unavoidable, as with the fraudulent data, then remission for corrupt prisoners must be subject to appalling conditions. The researchers gave their contribution to the idea of reconstructing the rule of remission for corrupt prisoners who remained based on wealth. The legal framework must begin with a review of the philosophy of prosecution against corrupt prisoners, then add conditions as a justice collaborator, paying fines and replacements in accordance with the court rulings regulated at the legal level.

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