DISPARITAS PEMINDANAAN TERHADAP PELAKU TINDAK PIDANA KORUPSI DI PENGADILAN NEGERI SLEMAN

Hutabarat, Jonathan Alfrat (2011) DISPARITAS PEMINDANAAN TERHADAP PELAKU TINDAK PIDANA KORUPSI DI PENGADILAN NEGERI SLEMAN. S1 thesis, UAJY.

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Abstract

In the distinction of giving punishment disparity known criminal. The imposition of criminal distinction can happen to those who commit comparable crimes. To know the judges in handling criminal cases, especially corruption, and to know whether the judge in decisions are rational or not, it is necessary to know the factors that are considered by the judge in the criminal dropped. This study aims to determine the factors that cause disparities in punishment of the perpetrators of corruption in Sleman District Court decision and distinction punishment of a crime of corruption is whether justified under the criminal law. Method of Data Analysis conducted to analyze secondary data main data is to use qualitative analysis with qualitative measures. Qualitative analysis method is a method of data analysis that is based on understanding and processing the data systematically obtained through interviews and research with a literature study to describe or illustrate how the theories of legislation and court decision relevant to the author, and then draw the conclusion that in accordance with the purpose of research. The factors that cause disparities in punishment of the perpetrators of corruption in Sleman District Court is a statutory factor, the factor the judge, the internal factors and external factors. Differentiation decision criminalization of corruption can be justified under the criminal law because of the positive law of Indonesia, but there must be a rational distinction / makes sense and can be accounted for by common sense.

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