Veritas et Justitia
Vol. 6 No. 1 (2020): Veritas et Justitia

PENDEKATAN HAK ASASI MANUSIA PADA SISTEM PEMIDANAAN DAN PUTUSAN PERKARA KORUPSI

Ali, Mahrus (Unknown)



Article Info

Publish Date
28 Jun 2020

Abstract

This juridical normative and empirical study is conducted with the aim at analyzing the relationship between corruption and human rights violation. Two issues shall be discussed, i.e. what factors inhibits the use of human right approach in corruption cases and what changes can be made to the criminal justice system, especially in relation to the penal judgement. One factor inhibiting the use of a human right approach in handling corruption cases in the perspective of treating corruption as pure criminal act wholly unrelated to violation of human rights.  To rectify this situation and accommodate this human right approach, the author recommends to prioritize and use fine which basic value is social welfare.  Court decision in corruption cases, in addition, should when evaluating elements of crime charges, explicitly describe those rights of the victims which are violated and use this consideration in determining what penal sanction are to be given. 

Copyrights © 2020






Journal Info

Abbrev

veritas

Publisher

Subject

Education Law, Crime, Criminology & Criminal Justice

Description

Veritas et Justitia is a law journal, managed and published under the auspices of the Faculty of Law, Universitas Katolik Parahyangan/Parahyangan Catholic University (UNPAR). The first edition was published in June 2015 and was meant to replace “Pro Justitia”, a law journal which ended its ...