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Abstract

This article analyzes the judge's verdict regarding the bribery corruption of social assistance during a non-natural disaster committed by Juliari Batubara. It questions whether such bribery corruption can be punishable by the death penalty. Juliari was not sentenced to death because the law only threatens the death penalty under natural disaster conditions, and COVID-19 is not considered a natural disaster. The death penalty is only threatened for corruption under Article 2, paragraph 2, not for bribery corruption. The judge's decision followed conventional legal norms, resulting in a verdict that was overly normative and failed to address the issue. This article argues that the death penalty can apply to bribery corruption perpetrators, emphasizing that corruption in any form during an emergency should be considered. As a normative juridical study, this article conducts a systematic and extensive interpretation analysis using primary and secondary legal materials. It aims to reinforce efforts to eradicate corruption by reconstructing the paradigm of corruption crimes in non-disaster situations. By conducting extensive interpretation, this research contributes to the reformation of in Indonesia's corruption law. It concludes that under certain conditions, perpetrators can be sentenced to death. Future regulations should take into consideration not only the death penalty for corruption that harms state finances, but also all twenty-nine types of corruption, including bribery, committed under urgent and appropriate conditions.

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