Argumentative

THE DEATH PENALTY FOR CORRUPTORS

MAFTUHAH MARHAMAH

INTRODUCTION

Corruption is one of the great problems in Indonesia. Corruption happens because of low faith and attitude of people. Many people who in high economy even more, high degree functionary, good social status, but they still corrupt.

Indonesia has had the Constitutional about “Fighting Corruption” that possible to give death penalty for corruptors. But in the real life it’s complicated in applied. Many people still feel that give death penalty for corruptors is too cruel, but in the other sides there’re many people agree to give death penalty for corruptors.

Use the death penalty in Indonesia has always been controversial. Over the years, most of Indonesian has abolished the death penalty and there’re some agree to the death penalty. Furthermore, this paper will focus on (1) the reasons why pro or contra to give death penalty for corruptors, and (2) the effects that will occur if death penalty for corruptors is imposed or vice versa.

DISCUSSION

Nowadays, there’s discourse to give death penalty for corruptors. There’re people agree and disagree about that. To solve the problems in the first chapter, for discussing will start from the reasons and then the effects about this discourse.

2.1. The Reasons why Pro or Contra to Death Penalty for Corruptors

Many reasons which are said by people who agree to give death penalty for corruptors and vice versa. Doing corruption is equal with kill many people of Indonesia indirectly. Because of that, corruption case should get the big punishment. One of agree, is the chairman of Muhammadiyyah, Din Syamsudin, he says, “Yeah, it’s not impossible to get death penalty because the corruptors have killed so many people,” said Din after attended Press Convention in the Conference Press about taking place the fifth Islamic Congress in the office of MUI, Jakarta, Thursday, April 8^th. He adds that the death penalty for corruptors in Islam can be analogized by Qisyas (killing), where in Islam if there’s someone who kills human is equal with killing all human.

In additional, that statement is also backed up by Setya Novanto the chairman of Golkar Party. He agrees to impose death penalty for corruptors especially tax corruptors. In DPR building, Jakarta, Tuesday, April 4^th 2010, he said that before that death penalty applied the tax institution should be restructuration before. Moreover, the commission of judicial and the Court of Law Constitution are harmonious to full support the death penalty for corruptors who is the robber of money public. They reason, that corruption crime is crueler than killing planned. Busyro Muqodas, the Chairman of Judicial Commission, in Jakarta, April 4^th says, “I full support. But, have to there’re the explicit category for corruptor who can be given death penalty”.

In UU No. 31/ 1999 which has been reformed to be UU No.20/ 2001 about fighting step the criminal of corruption, arranges that death penalty can be given to the corruptors when Indonesia in crisis, disaster etc.. Patrialis Akbar, the minister of law and HAM, in President Office, Jakarta, Monday, April 5^th ago says, “Corruption Constitutional is managed and permitted it. I agree, fiddlesticks! We have to debate straight about that? Now depend to how judges interpret and brave to decide”. He said that the judges have to dare to impose that punishment because it has been arranged. Until now there hasn’t bravery of judges to apply death penalty.

On the other hand, there are some people who disagree to give death penalty for corruptors. One of disagree it is the chairman of National Commission of HAM, Ifbal Kasim who states disagree imposing death penalty for corruptors in Indonesia because it is judged exaggerate and not yet definite can finish problem. Like that Ifdal answers the reporter in Governor Office Medan, Tuesday, 13^th of April 2010. He says, “In my opinion, should be thought to search the new type of punishment”.

According to Tere (2009) cited in www.kapanlagi.com (2009) says, “I personal, included of people who respect the human right. Life and death of a person are God matter, the important there’s wary effect that given”, said her in the Press Room of DPR Building, on December one year ago.

In additional, the Indonesian Corruption Watch (ICW) has chosen to disagree that. The law researcher of ICW, Ilyan Deta Artasari says, “Since until now there’s still controversy between pro and contra about give death penalty for corruptors”. He said after gave eight examples of special uniform for corruptors to KPK in KPK building, Jakarta, Tuesday, August two years ago.

2.2. The Effect that will occur if death penalty for corruptors is imposed or vice versa

Muhammadiyah chairman Din Syamsudin thrown his weight behind the idea of making corruption punishable by death to deter would-be corruptors. The effect will occur if death penalty imposed is to be deterred/ wary them (corruptors) to do corruption. “It seems that I agree with the idea to impose the death penalty on corruptors now that prison sentences have proven ineffective to give them shock therapy,” said Din at a function to mark the 100th anniversary of the country’s second largest Muslim organization at the Muhammadiyah University campus in Bekasi, West Java, over the weekend.

Moreover, according to Busyro, the Chairman of Judicial Commission who says that so many people who will be injured by this stealing money public criminal. The poor man loss the chances to study because of there is no subsidy money. “It still SD level, SMP, and SMA, not yet for university. Not yet for the other poor man,” said Busyro last April, 2010 in Jakarta.

In Jakarta, Mahmud MD evaluates that the death penalty for corruptors can appear deterred effect. It is also said by the chairman of Madani Professional Society, Ismet Hasan Putro in discussion in Warung Daun, Cikini on Saturday April 10^th. And also, based on Mahfud MD the Constitutional Court Chairman said that corruption is crueler than killing planned. Because, killing planned just injure some people while for corruption the sacrifice is more. “At least, it same criminal (with killing planned). Why corruption case haven't given death penalty?” He said, in Jakarta.

In the other sides, in Pontianak, 19^th of April 2010, member of faction of Golkar Party DPRD Kalbar, Drs. Inosensius said that corruptor is no need given death penalty. He says, “No need given death penalty, only given the weight punishment, like punishment age and confiscation property wealth”. Inosensius’ opinion, if fighting corruption start from the highest degree functionary, surely will be shock therapy for the functionary in lower degree. So that this case will appear deterred effect to not do corruption case.

In additional, the chairman of the third Commission, Benny Kabur Harman states disagree with the Minister of law and HAM, Patrialis Akbar who supports applying death penalty for corruptors. Benny says, “Death penalty will have never effective made deterred the criminal. For me it’s not about death penalty or no. The most important now, how to prevent KKN by make a system”. He said that it is like drugs case, death penalty will not teach a lesson them. On Tuesday, April 4^th 2010 in DPR building, Jakarta, he also adds, “Don’t there’s assumption that by death penalty KKN will be disappeared. Corruption case will be not influenced its quantity by imposing death penalty.” Said the politician of democrat party.

Furthermore, Nehen, S.Pd, MM, member of faction of Golkar Party DPRD Kalbar, in Pontianak, 19^th of April 2010, said that because of corruption, the other countries can feel no safety to save their share in Indonesia. Certainly, the corruptor should be given the weight punishment, but don’t until given death penalty. “Sufficiently, given punishment age. I think it have proper”, said this past vice regent of Landak. About deterred effect which is hoped in statement of imposing death penalty for corruptors, it depends with each personal. “About someone is wary or no, it depends to personal and his faith to God”.

CONCLUSION

According to chapter II, discussion about controversy between pro and contra to give death penalty for corruptors, implicitly can be seen that pro side or contra side seem each make a half dead effort to make public opinions. In this case, our society is easy to be provoked relatively and they have aspect comprehension antitrust still minim.

Certainly, it is complicated to impose death penalty for corruptors in our country, but if like that, the corruption cases in Indonesia will be not stopped, because in the fact there’re many corruptors who are given prison age while many corruption cases that always appear.

Moreover, give death penalty for corruptors is too cruel because can against the human right someone/ corruptor to live. Certainly, we should look for another punishment so that make them, corruptors wary and can stop the corruption cases in Indonesia. It can be start from ourselves to prevent corruption cases in our around. It is our challenges to work for systematic change that will guarantee due process, fairness and equal access to justice for all those facing a death penalty.

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