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All Journal Mimbar Yustitia : Jurnal Hukum dan Hak Asasi Manusia Madani Jurnal Politik dan Sosial Kemasyarakatan
Bagus, Shalahudin Serba
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Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Pertanggungjawaban Pidana Pelaku Tindak Pidana Korupsi yang Meninggal Dunia Bagus, Shalahudin Serba; Mubarak, Adam Wildan
Madani Jurnal Politik dan Sosial Kemasyarakatan Vol 15 No 03 (2023): Desember 2023
Publisher : Universitas Islam Darul Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/madani.v15i03.6257

Abstract

According to the law, the perpetrators of criminal acts of corruption can be held accountable through the heirs of the criminals who died through civil lawsuits. However, in practice there are conflicting principles of criminal law due to the transfer of the lawsuit into a civil lawsuit. Just like the responsibility that should be criminal liability will become civil liability. The analysis in this paper explains what is unclear about religious blasphemy and links it to the principle of legality. The sources used are not only primary sources such as statutory regulations, but also secondary sources such as journals or articles on the internet.
Hak Politik Mantan Narapidana Untuk Mencalonkan Diri Sebagai Calon Kepala Daerah (Analisis terhadap Putusan MK. No. 42/PUU-XIII/2015) Hardiyanto, Muhammad Lutfi; Bagus, Shalahudin Serba; Munir, Ahmad
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 1 No 2 (2017): Desember 2017
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v1i2.799

Abstract

This article discusses the political rights of former inmates to run for candidates for a mayor. This article is the result of an analysis of the decision of the Constitutional Court. No. 42/PUU-XIII/2015 which gives political rights to former inmates to run for a mayor candidate. Basic consideration (ratio decidendi) of the decision of the Constitutional Court namely; the right to vote and to be elected by a person can only be withdrawn on the basis of a court decision not in accordance with the provisions of law; a person who has served the sentence and left the prison is essentially a person who has repented and regrets his actions, so it is not appropriate to be given further punishment through the provisions of the law which prohibite the candidacy in the election of regional head. On that basis, the Constitutional Court granted the right to former inmates to run for regional heads. The Constitutional Court ruling has a legal effect on former prisoners who were previously not allowed to run for regional head candidates. Following the verdict of the Constitutional Court the right of prisoners has the same right to run in elections.
Co-Authors AHMAD MUNIR Hardiyanto, Muhammad Lutfi Mubarak, Adam Wildan