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All Journal LEX PRIVATUM Journal of the Community Development in Asia
Kumendong, Wempie Jh.
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Humanities Law, Crime, Criminology & Criminal Justice

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Journal : Journal of the Community Development in Asia

 1 
Discretion of Government Officials in the Perspective of Corruption Crime Reviewed from the Theory of Criminal Removal Reason Musa, Altje Agustin; Sondakh, Jemmy; Kumendong, Wempie Jh.; Waha, Caecilia J.J.
Journal of The Community Development in Asia Vol 5, No 1 (2022): January 2022
Publisher : AIBPM Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32535/jcda.v5i1.1389

Abstract

Providing welfare for all citizens is the goal of the Indonesian state. In government administration, government officials are often faced with concrete social situations urgently to be addressed, while regulations are unclear. To overcome government stagnation, government officials are given the authority to act based on their own considerations, called discretion. The study aims to analyze the discretionary case and find the relationship between discretion in the perspective of corruption and the theory of criminal removal reason. The study finds that Criminal Code regulates Criminal Removal Reasons concerning defending to save on body, soul, or goods of someone/others, not government officials discretion to defend social interest. The Corruption Law does not regulate Criminal Removal Reason. In judicial corruption in Indonesia, Government officials' discretion was not sentenced because the decision/act is based on considerations of urgency, for the public interest, and does not benefit the government officials/others.
The Right to Life Based on Human Rights Principles: A Normative Study of the Death Penalty in Indonesia Turangan, Doortje Durin; Senewe, Emma V.T.; Kumendong, Wempie Jh.; Sondakh, Jemmy
Journal of The Community Development in Asia Vol 4, No 2 (2021): May 2021
Publisher : AIBPM Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32535/jcda.v4i2.1095

Abstract

The right to life is the absolute right of every person and is included in the category of rights that cannot be reduced. Indonesia is one of the countries that still maintains and recognizes the legality of the death penalty as a way to punish the perpetrators of certain criminal acts such as narcotics, terrorism, and murder crimes despite the pros and cons. This study aims to investigate the regulation of the right to life against the death penalty in Indonesia, the construction of the death penalty law from human rights viewpoint, and the judge's consideration in imposing the death penalty associated with the principles of human rights. This study used a qualitative normative juridical approach by referring to the legal norms in statutory regulations and norms of the society. The findings highlight that the early existence of the death penalty in Indonesia is legally regulated in the Criminal Code, most of which are from the Netherlands, namely WvS (Wetboek van Strafrecht).
Co-Authors Jemmy Sondakh, Jemmy Musa, Altje Agustin Senewe, Emma V.T. Turangan, Doortje Durin Waha, Caecilia J. J.