PENERAPAN ASAS KEBEBASAN HAKIM DALAM PENJATUHAN PIDANA DIBAWAH MINIMUM KHUSUS TERHADAP PELAKU TINDAK PIDANA KORUPSI DI PENGADILAN TINDAK PIDANA KORUPSI YOGYAKARTA

Setyaningrum, Endah (2021) PENERAPAN ASAS KEBEBASAN HAKIM DALAM PENJATUHAN PIDANA DIBAWAH MINIMUM KHUSUS TERHADAP PELAKU TINDAK PIDANA KORUPSI DI PENGADILAN TINDAK PIDANA KORUPSI YOGYAKARTA. S1 thesis, Universitas Atma Jaya Yogyakarta.

Preview	Text (Endah Setyaningrum) 1705127351.pdf Download (1MB) | Preview
	Text 1705127352.pdf Restricted to Registered users only Download (655kB)

Abstract

Corruption is an extraordinary crime, seen from its impact. Corruption causes losses to the State in financial or even economic terms, but will have a broad impact on social and cultural aspects. In the Anti-Corruption Act, there are spesifict minimum criminal rules which have the aim of providing a deterrent effect to defendants or people who intend to commit acts of corruption. However, in practice the application of the imposition of spesific minimum criminal sanctions has not been maximized, there are still decisions that impose criminal sanctions below the specific minimum. The purpose of this paper is to find out how to apply the principle of judge freedom in the imposition of a special minimum sentence in corruption cases. This writing uses the juridical normative method with data sources from secondary data consisting of primary legal materials in the form of statutory regulations, court decisions, and secondary legal materials in the form of literature and research results. The conclusion of this paper is that the judge who decides this case applies the principle of judge freedom by choosing aspects of justice over legal certainty in order to achieve benefit in society

Actions (login required)

View Item