CD Tesis

Upaya Mengurangidisparitas Putusan Pidana Oleh Hakim Terhadap Perkara Tindak Pidanakorupsi Dihubungkan Dengan Falsafah Pemidanaan

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The existence of disparities in criminal decisions and the low level of
criminal sanctions imposed by Judges at the Corruption Court, has received
scathing criticism from the public. Some of the Judge's decisions in passing
decisions on Corruption Crime cases can be found, including: 1. Decision of the
Pekanbaru District Court on Corruption Crime Number: 59/Pid.Sus-
TPK/2018/PN.PBR. 2. Pekanbaru District Court Decision Number:
60/Pid.Sus/2018/PN.PBR. the same case above makes a difference in the decision.
The formulation of the first problem is how is the negative impact of the disparity
in judge's decisions in corruption cases, second is how to minimize the occurrence
of disparities in criminal decisions by judges in cases of corruption related to the
philosophy of punishment. The research method in this thesis uses the type of
research used in writing this law is normative legal research, namely an
approach that is carried out by examining library materials or secondary data on
legislation related to research. The results of the research show that the negative
impact of disparity in corruption cases is to cause injustice, dissatisfaction,
negative image for society in general and social jealousy of the community
towards the judiciary which is manifested in the form of indifference to law
enforcement, disrespect for the law, decreased trust or conditions where the
judiciary is no longer trusted as the home of justice for them. Meanwhile, the
juridical impact is to create inconsistencies in criminal decisions which illustrate
the failure of the criminal justice system which is contrary to the concept of rule
of law and equality before the law which is adhered to by a rule of law.
Meanwhile, in minimizing the occurrence of disparities in criminal decisions by
judges in cases of corruption related to the philosophy of sentencing, it can be
pursued through: First, the formulation of criminal law in formulating criminal
regulations that have several forms or types of philosophy or the purpose of
punishment, namely in the form of retaliation (classical school) and in the form of
development and improvement of convicts according to modern flow. Second,
minimizing the factors of disparity in sentencing in corruption cases originating
from judges by establishing sentencing standards that are considered the best way
to limit the freedom of judges (judicial discretion) so that objectivity and
consistency in deciding cases will be maintained (harmonious/harmonious).
Key Words: Corruption Crime; Disparity; Sentencing

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

2010247570

Penerbit

Pekanbaru : Universitas Riau – Pascasarjana – Tesis Ilmu Hukum., 2023

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

2010247570

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

ILMU HUKUM

Info Detail Spesifik

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Pernyataan Tanggungjawab

FATAH

Versi lain/terkait

Lampiran Berkas

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