ADDITIONAL PENALTY BY REVOKING OF POLITICAL RIGHT IN CRIMINAL ACTS OF CORRUPTION: ARRANGEMENT PROPORTIONALITY AND IMPLEMENTATION DISPARITY

Abstract

Abstract

This research is a normative law research using a conceptual and statute approach. In the philosophical context, the revocation of political rights has the purpose to protect public morality, to guarantee that the public officer has a good integrity to keep the third person’s interest –society–, to keep the democracy pillar, and to give the wary effect in order that the revocation of political right is not as the degradation of human status. In the human right context, the revocation of political right is derogable right through a justice process. The revocation of political right without a law mechanism is unconstitutional. The disparity of the judge’s ruling in the revocation of political right is caused by some weak elements of law namely, no guidelines in revoking the political right, the position of the revocation of the political right as an optional additional-penalty, and the differences of judge’s philosophical law of thought. In the legal constitutional context, the conflict occurs between the ruling of court and constitutional court. When there is a legal conflict problem related to the revocation of political rights, the solution is to refer to the decision of the constitutional court which has a higher position based on the principle of authority. Therefore, in the development of additional criminal sanctions related to the revocation of political rights in the future, the dimensions of criminal objectives must be absolute, with terms and conditions, criminal objectives which are relative to the terms and conditions, dimension of balance with terms and conditions, and eliminating the revocation of political rights on terms and conditions.

Keywords:  Proportion, Disparity of Revoking the Political Right, Criminal Acts of Corruption