CD Skripsi

Tinjauan Yuridis Terhadap Disparitas Putusan Hakim Nomor: 9/Pid.Sus-Tpk/2018/Pt.Pbr Jo Nomor 2/Pid.Sus-Tpk/2018/Pt.Pbr Tentang Tindak Pidana Korupsi

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ABSTRACT
Judges in handing down their convictions, of course, apart from being
based on statutory provisions, they also consider human values, principles of
usefulness, effectiveness in carrying out punishment and behavior changes that
cause a deterrent effect after leaving the correctional institution. Because without
considering these aspects, there will be legal uncertainty and injustice in granting
crimes. It appears that there are many incidents of different criminal applications
against same offenses in practice in court. And this is what is called disparity in
the judge's decision
The purpose of writing this thesis is: First, to find out the disparity in the
judge's decision, Second, to find out the judge's consideration in deciding case
decisions Number: 9 / Pid.Sus-TPK / 2018 / PT.PBR Jo Number 2 / Pid.Sus-TPK
/2018/PT.PBR.
This type of research is normative legal research, namely a study of legal
principles, legal systematics, legal synchronization levels, legal history, and
comparative law.
From the results of the research it can be concluded, First, the occurrence
of disparities in the judge's decision is that it is because firstly the law provides
opportunities from the minimum to the maximum, so the regulations in the law
adhere to an indefinite system of formulating the duration of the sentence (not
determined exactly). Because the judge is free to choose the time span. The two
perpetrators are different.Third, different ways of committing crimes and fourth,
the motives used by the perpetrators vary. Fifth, the judge factor, which means
that in case the case examination is separated into several files (splitsing) where
the case has the same characteristics and characteristics starting from the
indictment, prosecution, examination of evidence and witnesses, then the
consequence is that each file is examined by the Panel of Judges who different.
Second, the judge's consideration in deciding the decision case Number: 9 /
Pid.Sus-TPK / 2018 / PT.PBR Jo Number 2 / Pid.Sus-TPK / 2018 / PT.PBR is that
it still shows disparities in the decisions handed down to the two defendants.
namely where Abdul Hakim was sentenced to imprisonment for 5 (five) years and
6 (six) months, and a fine of Rp. 200,000,000 (two hundred million) provided that
if the fine is not paid by the defendant, it will be replaced by imprisonment for 4
(four) months and paying a compensation of Rp. 1,163,676,886, - (one billion one
hundred sixty three million six hundred seventy six thousand eight hundred and
eighty six rupiah), while the defendant Abduk Razak Bin Ahmad Dinar was
sentenced to imprisonment for 1 (one) year and a fine of Rp. 50,000,000, (fifty
million rupiah) provided that if the fine is not paid, it will be replaced by
imprisonment for 1 (one) month.
Keywords: Disparity, Judge's Decision and Corruption Crime

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 121 (0129)

Penerbit

Pekanbaru : Universitas Riau – Fakultas HUKUM – HUKUM PIDANA., 2021

Deskripsi Fisik

xii, 29 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 121 (0129)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Daus

Versi lain/terkait

Lampiran Berkas

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