HAL-HAL YANG MERINGANKAN PUTUSAN PENGADILAN TINDAK PIDANA KORUPSI PADA PENGADILAN TINGGI JAKARTA ATAS NAMA DR. PINANGKI SIRNA MALASARI, SH., MH. (Putusan Nomor: 10/PID.TPK/2021/PT DKI)

Abstract

Juridically analyzing the Corruption Court Decision at the Jakarta High Court on behalf of the Defendant Pinangki Sirna Malasari, SH., MH. (Number: 10/PID.TPK/2021/PT DKI) aims to see whether the judge in deciding the case has complied with the principles -principles of justice and principles that apply in criminal law. Method The research approach used is a sociological juridical approach, which means that this research examines the problem by examining it in terms of legal science. In addition, it also provides an objective assessment of the considerations and decisions handed down by the Corruption Court. It also provides an overview of the demands of the Public Prosecutor in the case. This is done to see whether the demands of the Public Prosecutor, judges' considerations and decisions have a balance and correlation that builds a comprehensive logic of thinking. The three elements must be in line and proportional so as to produce quality and accountable decisions. This analysis is also expected to provide input for judges and other law enforcement officers in viewing and resolving similar problems or cases. So that it can also improve the quality of law enforcement for criminal acts of corruption. The results of this analysis indicate that there is a Misconduct of Judge carried out by the panel of judges in their considerations and decisions. The panel of judges was not careful in formulating the judge's considerations by looking at the portion of guilt and the role of the defendant. The Panel of Judges also deviated from the special minimum rules in the Corruption Crime Act where the minimum penalty as stipulated in Article 12 letter c is 4 years in prison. The defendant, who is a prosecutor who in fact understands and is a practitioner of law enforcement, should be considered by the Corruption Court to impose the harshest possible penalties for law enforcement officers who are proven to have committed such crimes. However, in reality what is happening in the field, there is a gap in sentencing that needs to be questioned and studied juridically and theoretically.Keywords: Judge Decision, Justice, Corruptio

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