FORMULASI KEBIJAKAN PIDANA MATI BAGI KORUPTOR DITINJAU DARI PERSPEKTIF PEMBAHARUAN HUKUM PIDANA

The imposition of the death penalty for perpetrators of corruption is a significant issue in the context of Indonesia’s criminal law reform. Corruption, as an extraordinary crime, threatens national stability and social justice, thus requiring a criminal law policy that is firm, fair, and grounded in human rights values. This study aims to examine the legal regulation of the death penalty for corruptors under Indonesian law and to analyze the policy formulation from the perspective of criminal law reform. This research applies a normative juridical method using statutory and conceptual approaches. Data were collected through literature study,
involving primary legal materials such as legislation, and secondary materials including legal literature and doctrines. The data were analyzed qualitatively using descriptive analysis and content analysis methods. The study finds that the death penalty for corruption is regulated under Article 2(2) of Law No. 31 of 1999 in
conjunction with Law No. 20 of 2001, applicable only under specific
circumstances. However, its implementation faces legal, political, and human rights challenges. The new Criminal Code (Law No. 1 of 2023) redefines the death penalty as a conditional and alternative punishment, to be imposed with strong consideration of humanity and substantive justice. Therefore, the future policy formulation on the death penalty for corruptors must be selective, proportional, and
aligned with justice, legal effectiveness, and the protection of human rights. This research recommends that legislators reformulate the death penalty policy in a way that is constitutional, responsive, and consistent with the values of justice and human dignity