PUTUSAN BEBAS TERHADAP TERDAKWA TINDAK PIDANA KORUPSI (Studi Putusan Pengadilan)

Nugroho, Kornelius Widi (2007) PUTUSAN BEBAS TERHADAP TERDAKWA TINDAK PIDANA KORUPSI (Studi Putusan Pengadilan). S1 thesis, UAJY.

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Abstract

The community unsatisfied in solving corruption criminal case in Indonesia was pointed out because there was a tendency of less government commitment in fighting corruption criminal case in all community. It was especially caused by the state organization system which was not transparent. Moreover, it did not include the public accountability factor and less professionalism. Because of this fact, the corruption criminal case occurred was more systematic, both in public or private sectors. The study was a normative study that was a study analyzing a valid law norm. The normative law study analyzed the document sources which were law materials interrelated with the released decision of corruption criminal case. The data collecting was done by document studies which were acts and analyzed 3 (three) corruption criminal cases being released by the court. The result show that factors causing to be imposed the released decision by judge in the corruption criminal case because he still used the negative proof system based on KUHAP, the performance of professionalism of the law officer was unstable. It was caused that there was the pressure from the corruptor's supporters and the intervention of many people to the court influencing to the judgment process of the case. The result study was hoped that it could be the contribution to all community, especially Indonesian judicature institution. By imposing the released decision, it could be the bad precedent for public, because the decision having the permanent law weight was jurisdiction for future judges in investigating the same case.

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