Open AccessPENCABUTAN HAK POLITIK TERPIDANA KORUPSI DALAM PERSPEKTIF SOCIAL CONTRACT THEORY
Author(s) -
Indra Karianga,
Haikal Arsalan,
Lidya Yubagyo,
Cavita Ezra
Publication year - 2021
Publication title -
arena hukum
Language(s) - English
Resource type - Journals
eISSN - 2527-4406
pISSN - 0126-0235
DOI - 10.21776/ub.arenahukum.2021.01403.5
Subject(s) - normative , statute , politics , political science , law , language change , law and economics , social contract , revocation , sociology , philosophy , engineering , linguistics , electrical engineering , overhead (engineering)
This research aim is to provide a theoretical basis to permanently remove the political rights of a former prisoners of corruption as an alternative to achieve the purpose of criminal law. This normative research uses conceptual, statute and philosophical approach method. This research result indicate that based on the social contract theory, corruption is a criminal act which has injured the volonte generale and in this regard, a new concept is offered. The new concept is permanent revocation of political rights for a former coruption convicts that in line with peines infarmantes principle but does not apply automatically and must go through a court decision and be apllied for life (restitutio in integrum).