CD Skripsi
Penerapan Asas Equality Before The Law Dalam Beberapa Putusan Pengadilan Pada Perkara Tindak Pidana Korupsi Di Indonesia
ABSTRACT
There are differences in treatment in terms of differences in the placement of
defendants by the Court (Judge) as law enforcement officers who have the authority
determined by law. This shows that there is objective law enforcement. There is still
an overlap in the judge's decisions that have been determined at the corruption trial.
This further strengthens that the principle of equality before the law in Indonesia is
still very concerning. The existence of differences in decisions influenced by social
strata is very thick in corruption. With consideration of the principle that everyone
should be equal before the law. Nothing can influence the decision, considering the
magnitude of the loss and the impact of the crime itself.
Adhering to the principle of equality before the law (equal position in law and
government), there should be no defendants of corruption crimes who receive
preferential treatment between one actor and another who are subject to detention by
the Court (Judge).
This study will examine the subject matter according to the scope and
identification of problems through a normative juridical approach. In this type of
legal research, the law is conceptualized as what is written in the legislation (law in
the book) or the law is conceptualized as legal rules which are standards for
behaving or behaving appropriately or inappropriately by using descriptive methods.
This research is a normative juridical research on legal systematics. This research is
legal systematic and can be carried out on certain statutory regulations or written
law. Based on the normative research method, the data source used in this study is a
secondary data source consisting of 3 legal materials, namely: primary legal
materials, secondary legal materials, and tertiary legal materials. Data collected
from literature study.
The results of this study indicate that there is still inequality in the courts in
making a decision on corruption cases in Indonesia. It is still common to find
decisions that are deemed inappropriate as applied to the trial process in corruption
courts in Indonesia. This is clear to the lower middle class because the law feels more
and more strictly applied to the lower middle class, while for the elite the law is seen
as just a formality, so they can ignore the existing law at will. Justice is felt to have
not been fulfilled in the trial process for corruption in Indonesia.
Keywords : Application of Principles - Equality Before The Law - Corruption
Crimes
Tidak tersedia versi lain