PUTUSAN HAKIM PADA PEMIDANAAN TINDAK PIDANA KORUPSI ( Studi kasus di Pengadilan Negeri Sleman )

PERDANA, SIMEON EGI (2009) PUTUSAN HAKIM PADA PEMIDANAAN TINDAK PIDANA KORUPSI ( Studi kasus di Pengadilan Negeri Sleman ). S1 thesis, UAJY.

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Abstract

This research entitled “The Development of Judge’s Decision in Jurisdiction of Corruption Criminal Action” (Case Study in State Court of Sleman). The type of this research was normative, i.e. a legal research studying on valid legal norms. In normative research, it was conducted by studying literatures and studying on positive law of which relate to the judge’s decision in jurisdiction of corruption criminal action. The result of this research is the judge in the trial in particularly in the case of corruption criminal action has had development by not merely referring to the Laws Number 31 of 1999 however also relates to the Laws Number 20 of 2001 on the elimination of corruption criminal action and other laws relating to corruption criminal action and in its formulation is modified by not referred to the articles in Criminal Code, instead directly stating the elements of which exist in each article of referred Criminal Code. From this conclusion, the author submits suggestion in order the judge become more precise and exact in sentencing a decision in trial of corruption criminal action by purpose the corruptors feel the wary effect for their conducted action and it become the lesson for the potential corruptor for retaining their intention of conduct. Thus, the judge should be able to implement legal certainty and justice to the society that operates harmoniously and balanced for a decision in trial; in particularly the case of corruption criminal action of which is related to the valid regulation. The judge should more progressively comprehend that corruption is an extra ordinary crime, thus the judge should as maximal as possible consider that the corruptor should be punished appropriately to the valid regulations (the Laws of Corruption Criminal Action).

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