Parameters Of Certain Circumstances As A Basis For The Application Of The Death Penalty In The Perspective Of Legal Certainty

Abstract

Abstract: Every policy contained in a Law must provide clarity and firmness in order to create fair legal certainty for society. In this regard, although the meaning of the policy on the phrase "certain circumstances" in Article 2 Paragraph 2 of the Corruption Eradication Law is already clear and firm, it is necessary to further study and analyze the measures or parameters of the meaning contained within said phrase. This study aims to examine the characteristics of "certain circumstances" as a basis for applying the death penalty under Article 2 Paragraph (2) of the Corruption Eradication Law, as well as to examine the juridical parameters of each category of "certain circumstances" in Article 2 Paragraph (2) of the Corruption Eradication Law from the perspective of the principle of legal certainty. This research is a normative legal study aimed at analyzing the characteristics and juridical parameters of "certain circumstances" as a basis for imposing the death penalty in corruption offenses. The results show that Article 2 Paragraph 2 of the Corruption Eradication Law possesses several inherent characteristics that distinguish it from other regulations. On the other hand, the phrase "certain circumstances" contains specific categories that still require further firmness and clarification regarding the aggravation of capital punishment against corruption crimes. Clarity and firmness in discovering the meaning of each category can be identified and/or analyzed through relevant laws and regulations. However, in this case, the Corruption Eradication Law must still accommodate clear parameters in interpreting each policy.