ANALISIS YURIDIS PUTUSAN HAKIM TINDAK PIDANA KORUPSI YANG DILAKUKAN OLEH ANGGOTA DPRD PROVINSI DKI JAKARTA (STUDI KASUS PUTUSAN NOMOR41/PID.SUS-TPK/2019/PT DKI)

Abstract

Abstract

The crime of corruption is a violation of the economic rights of the community, so that the crime of corruption is no longer classified as an ordinary crime but has become an extraordinary crime and even tends to increase and develop in society along with economic progress, even though the act of corruption is seen from any angle as very reprehensible. . The aim of this research is to find out the provisions for the application of criminal law to perpetrators of Corruption crimes in decision number 41/Pid-Sus-TPK/2019/PT DKI, to find out the obstacles in the application of Corruption criminal law for perpetrators, to find out the judge's considerations in handing down decisions in Corruption crime case in decision number 41/Pid-Sus-TPK/2019/PT DKI against members of the DKI Jakarta Provincial DPRD. The research methods used are normative juridical and empirical juridical research using a statutory approach, case approach, conceptual approach and analytical approach as well as interviews with the Panel of Judges, Registrars and Witnesses in the DKI Jakarta area. The research results obtained: 1. The legal basis for eradicating Corruption Crimes in Indonesia and has been implemented, 2. Obstacles in the Implementation of Corruption Crime Laws for Perpetrators, namely obstacles from the Law side, obstacles from the Law Enforcement side, and obstacles from the Legal Culture side, 3. Judges' considerations and verdicts In deciding the case, a breakthrough was made based on SEMA No. 3 of 2015 concerning the Results of the Supreme Court Criminal Chamber Meeting, allowing the Panel of Judges to make a breakthrough.

Keywords:  Corruption, judge's decision, application of criminal law