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PERTIMBANGAN HAKIM TINGKAT BANDING DALAM MENERAPKAN UNSUR-UNSUR PASAL 2 DAN PASAL 3 UNDANG-UNDANG NOMOR 31 TAHUN 1999 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI (Studi Putusan No. 3/TIPIKOR/2016/PT PDG dan No. 9/ TIPIKOR/ 2017/PT PDG) Rinaldi Rinaldi; Wirna Rosmely
UNES Law Review Vol 2 No 4 (2020): UNES LAW REVIEW (Juni 2020)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v2i4.132

Abstract

The law governing criminal acts of corruption is Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning Eradication of Corruption. Corruption crime regulated by Law Number 31 of 1999 consists of various forms / types. In writing this thesis, the author conducts research on corruption cases as referred to in decision Number 3 / TIPIKOR / 2016 / PT PDG and Number 9 / TIPIKOR / 2017 / PT PDG. From the results of the study, the first conclusion was obtained that the consideration of the appellate level judges in applying the elements of Article 2 and Article 3, that in Decision Number 3 / TIPIKOR / 2016 / PT PDG, was the legal judgment of the First Level Judge in its decision that could be approved and corroborated by the Level Judge Appeals, except in the case of conviction for the Defendant, according to the Judge of the Level of Appeals the imposed criminal sentence needs to be aggravated and there are still incriminating matters for the Defendant that have not been considered by the First Level Judge. Criminal application by the Court of Appeal Court is to improve the decision of the First Level Court which imprisonment for 2 (two) years and 6 (six) months and improvement of imprisonment for 3 (three) years and a fine of Rp 50,000,000 (fifty) million rupiahs) subsidair criminal confinement for 2 (two) months. Judge's consideration in Decision Number 9 / TIPIKOR / 2017 / PT PDG, is that the Panel of Appeal Judges has considered Article 2 with elements of a criminal offense committed by the defendant. The Appellate Court Judges disagree with the decision of the First Level Court regarding the Acts of the Defendants in violation of Article 3 of Law Number 31 of 1999 concerning Eradication of Corruption. Based on the results of the examination of legal facts in the trial and the consideration of the Panel of Appellate Judges with the Primair indictment proved and fulfilled all elements of Article 2 paragraph (1) Juncto Article 18 paragraph (1) letter b paragraph (2) and paragraph (3) of Law Number 31 of 1999. The application of the criminal sentence dropped to Defendants II and IV for 4 years and fined Rp. 200,000,000.00 (two hundred million rupiah).
IMPLEMENTASI UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK TERHADAP PELANGGARAN LALU LINTAS YANG DILAKUKAN OLEH ANAK Herly Bastian; Wirna Rosmely
UNES Journal of Swara Justisia Vol 1 No 1 (2017): UNES Journal of Swara Justisia (April 2017)
Publisher : Program Magister Ilmu Hukum Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study examines the Implementation of UU No. 11 Tahun 2012 on the Criminal Justice System of Children against traffic violations committed by the Child. This is motivated by the process of settling cases of traffic violations committed by the Child ranging from the level of investigator to trial in court is not based on UU No. 11 Tahun 2012, so that contrary to the principle of the Criminal Justice System of the Child such as not paying the best interest for the Child, The right of the Child to deal with the law. This study uses secondary data as the main data obtained from literature / document studies supported primary data in the form of interviews. Based on the result of the research, it is found that Implementation of UU No. 11 Tahun 2012 on traffic violations conducted by children has not been applied maximally, not yet apply the concept of restorative justice so that contrary to the principles of the Criminal Justice System Law of Children does not give priority to the best interests for the Children. Second, the obstacles faced in the implementation of UU No. 11 Tahun 2012 on the Criminal Justice System for Child Trafficking violations committed by the Child is caused by several factors, including: Disharmony UU No. 11 Tahun 2012 on Child Criminal Justice System with UU No. 22 Tahun 2009 on Road Traffic and Transportation, Lack of Implementing UU No. 11 Tahun 2012 on Child Criminal Justice System, Regulation of UU No. 22 Year 2009 on Traffic and Road Transport that is not appropriate with the current situation, Knowledge and Law enforcement mindset.