ANALISIS DASAR PERTIMBANGAN HAKIM TERHADAP PEMIDANAAN TINDAK PIDANA KORUPSI YANG DIPUTUS MINIMUM KHUSUS DI WILAYAH HUKUM PENGADILAN NEGERI PEKANBARU (Studi kasus Perkara No.40/Pid.Sus/Tipikor/2012/PN.PBR)
ABSTRACT: Corruption is the
enemy of every country in the world. Corruption is the misuse of duties and
embezzlement of state funds or the company for personal gain or others. The
impact of corruption can undermine the country's economy, democracy and common
prosperity. Failure to combat government corruption would further weaken the
government's image in the eyes of society. One way for the eradication of Corruption
Act is to impose criminal sanctions are firm and heavy to prosecute the perpetrators
through the system correctly by the judge. The judge should have consider correct
and proper under the law in the criminal verdict. The purpose of this script, that
is : First, to determine the basic consideration in decisions criminal judge
specific minimum on corruption cases which case No.40 / Pid.Sus / Tipikir /
2012 / PN.PBR. Second, to determine the impact of the imposition of the special
minimum punishment of the accused and the perpetrators of corruption next. This
type of research can be classified types of normative legal research,descriptive
research, a study that illustrates clearly and in detail on the basis of consideration
of the judge in imposing a special minimum punishment on Corruption, the source
data used secondary data consisting of primary legal materials, secondary law,
and tertiary legal materials, techniques of data collection in this study with
the literature study method, after the data is collected and analyzed to
conclude. From the results of research and discussion can be concluded that,
first, the consideration of judges in imposing criminal sanctions minimum by
using judgment juridical and non juridical. At the time of this verdict the
judge considered to be true because according to the Law which adopts a special
criminal with no minimum limit the durati n of the prison were clearly outlines
appropriate actions and the amount of loss that dikorupsikan. Second, the
impact of the imposition of a minimum punishment for perpetrators of corruption
that is the response to even eradicate Corruption will never be reached. This
is because the decision is not able to create a deterrent to criminals and the
attainment of the objectives of the theory of punishment itself. So from time
to time the number of criminals is not decreased even more ways or modes is
done in corruption.
Penulis: Manva Kusuma Sinaga
Kode Jurnal: jphukumdd151316
