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Journal : FIAT JUSTISIA: Jurnal Ilmu Hukum

Why Indonesia Maintain Capital Punishment? Ahmad Irzal Fardiansyah
Fiat Justisia: Jurnal Ilmu Hukum Vol 15 No 1 (2021)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v15no1.1904

Abstract

The death penalty in Indonesia is still maintained to combat crime within the Indonesian criminal law reform. Although many states have it removed, Indonesia would have the sole discretion to keep it. Despite the opposition, the death penalty application still has a juridical and sociological basis, so it is still legal to be maintained. Indonesia itself has overshadowed the death penalty with a form of legality according to international law so that the position of Indonesia that still maintain the death penalty cannot be blamed. Moreover, sociologically, Indonesian people still accept those who commit an offence who may have profound implications that could lead to the death penalty. This issue is what became the basis for lawmakers in Indonesia to keep it. This research uses the doctrinal method toexamine various regulations regarding capital punishment and non-doctrinal to understand the community's situation related to the existence of capital punishment in Indonesia. The death penalty is a more effective deterrent and therefore prevents crime better. With the death penalty, others were about to commit a similar crime is expected not to commit the crime. The death penalty is more effectively immobilizing offenders. Perpetrators, in principle, still manage to have the desire to commit the crime again after release. The death penalty for perpetrators of crimes is not a violation of human rights, but rather to respect human rights itself, namely for victims of crime. The setting and the application of the death penalty in Indonesia until now is still needed. They are considering that there are still many crimes that undermine humanity's values or the crimes that harm the State and crackdown on corruption in society.
Additional Legal Protection for Corruption Whistleblowers Fardiansyah, Ahmad Irzal; Farid, Muhammad; Diansyah P, Ramadani Fitra
Fiat Justisia: Jurnal Ilmu Hukum Vol. 18 No. 1 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v18no1.3273

Abstract

Corruption represents a breach of the economic rights of society, elevating it beyond mere criminality to the status of an extraordinary offense. Therefore, safeguarding the rights of individuals who report instances of corruption is necessary to ensure their protection. As law enforcement officers, Prosecutors hold the authority to provide legal protection to whistleblowers of corruption, as stipulated in Law Number 13 of 2006 concerning the Protection of Witnesses and Victims (LPSK). Among the various legal protections provided to whistleblowers, maintaining the confidentiality of their identity stands out as the utmost priority. This protection is crucial to ensure effective law enforcement. Hence, safeguarding whistleblowers is important, and to formalize this, law enforcement should be empowered to provide them with the necessary protection.