Analisis Hukum Pemberian Remisi Terhadap Narapidana Tindak Pidana Korupsi

This study aims to analyze the juridical aspects of granting remissions to prisoners convicted of corruption crimes, focusing on the legal requirements and their alignment with Indonesian law. The primary questions addressed include the conditions under which remissions are granted, particularly within a moratorium framework, and how these legal regulations synchronize with other relevant laws in Indonesia’s legal system. The research employs a normative legal methodology, reviewing relevant legal materials, theories, principles, and regulations related to the issue. The main findings reveal that the legal requirements for remissions are stipulated in several government regulations, with notable differences between criteria for ordinary and extraordinary crimes, specifically for corruption offenses where stricter conditions are applied, complicating prisoner eligibility. Additionally, legal inconsistencies exist because the moratorium on remission for corruption prisoners conflicts with constitutional provisions and human rights laws. The study emphasizes the urgent need to revise existing regulations to prevent unconstitutional policies, advocating that the government, especially the Ministry of Law and Human Rights, should adhere to principles of correctional principles and human rights in the formulation of policies regarding prisoner development. The results contribute to ongoing debates on legal reforms and the protection of human rights within Indonesia’s correctional system, highlighting the importance of harmonized legal frameworks that respect constitutional and human rights standards.

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Publication Details

Journal
QISTHOSIA Jurnal Syariah dan Hukum
Published
2025-06-29
DOI
https://doi.org/10.46870/jhki.v6i1.1566
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
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article

Analisis Hukum Pemberian Remisi Terhadap Narapidana Tindak Pidana Korupsi

Syawal Amirul Syah, Asrullah Dimas, Mirnayanti, Sri Hasrina et al.
QISTHOSIA Jurnal Syariah dan Hukum
Legal Studies and Policies
article

Analisis Hukum Pemberian Remisi Terhadap Narapidana Tindak Pidana Korupsi

Syawal Amirul Syah, Asrullah Dimas, Mirnayanti, Sri Hasrina, Inda Sari Palinrungi, Nur Akifah Janur
article en

Abstract

This study aims to analyze the juridical aspects of granting remissions to prisoners convicted of corruption crimes, focusing on the legal requirements and their alignment with Indonesian law. The primary questions addressed include the conditions under which remissions are granted, particularly within a moratorium framework, and how these legal regulations synchronize with other relevant laws in Indonesia’s legal system. The research employs a normative legal methodology, reviewing relevant legal materials, theories, principles, and regulations related to the issue. The main findings reveal that the legal requirements for remissions are stipulated in several government regulations, with notable differences between criteria for ordinary and extraordinary crimes, specifically for corruption offenses where stricter conditions are applied, complicating prisoner eligibility. Additionally, legal inconsistencies exist because the moratorium on remission for corruption prisoners conflicts with constitutional provisions and human rights laws. The study emphasizes the urgent need to revise existing regulations to prevent unconstitutional policies, advocating that the government, especially the Ministry of Law and Human Rights, should adhere to principles of correctional principles and human rights in the formulation of policies regarding prisoner development. The results contribute to ongoing debates on legal reforms and the protection of human rights within Indonesia’s correctional system, highlighting the importance of harmonized legal frameworks that respect constitutional and human rights standards.

QISTHOSIA Jurnal Syariah dan HukumVol. 6(1)
University of Indonesia (ID), Universitas Islam Madura (ID)
Openalex Percentile: Top 73%
Legal Studies and Policies
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