PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN LEBIH BERAT DARI TUNTUTAN PENUNTUT UMUM DALAM PERKARA KORUPSI

Pranatasari, Evita Christin (2007) PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN LEBIH BERAT DARI TUNTUTAN PENUNTUT UMUM DALAM PERKARA KORUPSI. S1 thesis, UAJY.

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Abstract

In Indonesia, corruption is valued as the disease that have been creeped. Even, corruption was deemed become society culture. Commitment to eradicate corruption can be seen from the product of juridical acceptance. Difficulty to eradicate corruption was appeared from more accuseds of corruption was decided free, minimum of punishment that was guaranteed by accused is not balance with their action, or with other words the juridical acceptance more light than plaintiffs prosecution. Nevertheles, the Judge with all of considerations on juridical acceptance can also to condemn with punishment more weight rather than plaintiff's prosecution on corruption case. Because of it, the writer want to know about Judge's consideration to punish more weight than plaintiffs prosecution on corruption case. To assemble the data, the writer used normative method, that is observation based on norm (law in book) and also need secondary data as the mainly data, and to collect it pass interview with some experts that to know about the problem. After that, the data is processed by use qualitative method. In order to get conclusions the writer use deduktif method. From this riset, can be knowed that the Judge's considerations to punish more weight than plaintiffs prosecution on corruption case are : position of accused (for examples : representative member, apparatus of law), lose of country because of corruption, situation of country (for examples : crisis ekonomic, disaster, denger situation, etc), personality of accused, and factors that to weight accused is more than light factors. So, after the writer know about it, the writer have some suggestions for the Judges, the suggestions are : if the Judge will make juridical acceptance is more weight than plaintiffs prosecution have to considerate as comprehensive kinds of matter that relate with corruption that is done by accused, and juridical acceptance based on juridical and non juridical considerations.

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