CD Skripsi

Pemidanaan Paling Singkat Pelaku Tindak Pidana Korupsi Di Pengadilan Tindak Pidana Korupsi Pada Pengadilan Negeri Pekanbaru

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ABSTRACT In eradicating criminal acts of corruption, judges as law enforcers have the power of the judiciary to hold justice in order to uphold law and justice by recognizing the principle of free and impartial justice. In imposing a sentence the judge is free in searching for the sentence that was handed down to the accused properly. In the context of the judge's freedom to determine the severity of the sentence where he can move within the maximum limits of the sentence or to choose the type of sentence, it can be stressed that these reasons, both made the basis for the burden of the sentence or to ease it. In its application, judges tend to impose corruption cases with minimal punishment both in Article 2, Article 3 and Article 12 of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning Eradication of Corruption. The purpose of writing this thesis, namely; First, knowing the conviction for the perpetrators of corruption under Law Number 31 of 1999 concerning Eradication of Corruption in the Corruption Court at the Pekanbaru District Court, Second; find out that judges tend to impose the shortest criminal sentences of corruption perpetrators in the Corruption Court at the Pekanbaru District Court. The type of research is Sociology Research, which is looking at the correlation between law and society. From the results of the research based on two problem formulations it can be concluded, First, in the implementation of judges, the criminal act of corruption is in accordance with the provisions of the applicable law. As the basis for the judge in deciding a case of corruption is referring to Law Number 31 of 1999 jo. Law No. 20/2001 but if it adheres to its formal boundaries it is far from enough to understand the behavior of actors involved in cultural and cultural elements because every law enforcement activity engages in values, ideas, and behavioral attitudes related to the law and asks for help other scientific assistance such as sociology, anthropology, psychology, history and politics to explain the legal phenomena that occur.Second, in the implementation of criminal punishment for perpetrators of corruption under Law Number 31 of 1999 jo. Law Number 20 of 2001 concerning Eradication of Corruption. Criminal is known as the shortest and longest. Which stipulations regarding criminal sanctions in the Act are relatively none that are formulated extraordinary (extraordinary) either related to the severity or related to the type of criminal. So that we can see the legal culture of judges and the paradigm of judges thinking in passing verdicts. In the legal culture of judges there are 3 typologies: first Judge typology (1): Positivistic and Nonpositivistic, second Judge typology (2): Textual and Contextual, third Judge typology (3): Materialist, Pragmatic, and Idealist.
Keywords: Criminal-Corruption-Criminal Acts

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 120 (0009)

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum - Pidana., 2020

Deskripsi Fisik

xiv, 66 hlm.: ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 120 (0009)

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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