Analisis Yuridis Terhadap Penjatuhan Pidana Tambahan Pencabutan Hak Memilih dan Dipilih Dalam Jabatan Publik Djoko Susilo

Abstract

In against the corruption crime, it must be established the distinct sanctions in
order to provide a deterrent effect to the corruptor and it is expected to decrease a
corruption crime for the others. One of the ideas is applying expropriation as the
additional punishment. Djoko Susilo was first convicted criminal sentenced to have
expropriation to vote and be elected rights in public official. The additional punishment
of expropriation for corruption is still relatively new and it is interesting to study. On
this study is about the compatibility of expropriation to vote and be elected Djoko
Susilo’s case in the public official on criminal code section 38 and how it is viewed from
the perspective of human rights. This study uses normative juridical approach on the
constitution then compared with the additional punishment of expropriation to vote and
be elected Djoko Susilo’s case in the public official. It has occurred misconduct of
handedness because revoke the rights to vote and be elected in Djoko Susilo’s case in
public official without limiting it within a certain period as set out on criminal code
section 38. The rights to vote and be elected in public office is a part of human rights,
then revoke, eliminate or negate the human rights even though through the verdict is a
human rights violation.