Elvina Sri Wijayanti, NIM.: 20103040102 (2024) PENEGAKAN HUKUM TERHADAP TINDAK PIDANA KORUPSI DI LEMBAGA PEMASYARAKATAN (STUDI PUTUSAN NOMOR 237 PK/PID.SUS/2020). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.
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Text (PENEGAKAN HUKUM TERHADAP TINDAK PIDANA KORUPSI DI LEMBAGA PEMASYARAKATAN (STUDI PUTUSAN NOMOR 237 PK/PID.SUS/2020))
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Abstract
One form of corruption is bribery, as stipulated in Article 5 of Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 on the Eradication of Corruption Crimes. Bribery is differentiated into two categories that often occur within the civil service environment, including bribery to state officials and judges. This research aims to examine the judge's decision in the corruption bribery case that occurred in the Penitentiary by an inmate to the Head of the Penitentiary, focusing on Decision Number 237 PK/Pid.Sus/2020, which reduced the punishment from the previous court ruling as it was considered an act of generosity. There is debate on whether this consideration aligns with the applicable legal principles. This research aims to determine whether the decision, in its consideration, fulfills the values of legal justice, legal certainty, and legal benefits, as well as the reasons behind the judge's consideration in granting the review request based on the Judicial Power Law and Article 263 of the Criminal Procedure Code. The research method used is normative legal research. The approach used in this research is a juridical-normative approach that examines the judge's considerations in the decision in relation to the Judicial Power Law, the Criminal Procedure Code, the Penitentiary Law, and the Corruption Eradication Law, with a qualitative research type using document study data collection methods. The research results show that the Panel of Judges, in their decision, considered that the relatively small amount of bribery and the convict's intention of generosity in rendering the decision did not meet the sense of justice, benefits, and certainty for the community. This has caused unrest and concern in society. The review request from the Applicant/Defendant met the formal and material requirements for submitting a review, but one of the reasons submitted did not meet the requirements for granting a review request. This research is expected to contribute to the development of criminal law, especially regarding corruption crimes in Indonesia.
Item Type: | Thesis (Skripsi) |
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Additional Information / Supervisor: | Pembimbing: Dr. Ach. Tahir, S.H.I., S.H., LL.M., M.A., C.M., C.L.A. |
Uncontrolled Keywords: | Pertimbangan Hakim, Tindak Pidana Suap, Kedermawanan |
Subjects: | 300 Ilmu Sosial > 360 Permasalahan dan Kesejahteraan Sosial > 364.132 3 Korupsi |
Divisions: | Fakultas Syariah dan Hukum > Ilmu Hukum (S1) |
Depositing User: | Muh Khabib, SIP. |
Date Deposited: | 03 Oct 2024 15:39 |
Last Modified: | 03 Oct 2024 15:39 |
URI: | http://digilib.uin-suka.ac.id/id/eprint/67494 |
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