Disparitas Pidana Dalam Kasus Tindak Pidana Pencucian Uang Hasil Tindak Pidana Narkotika
ABSTRACT: Criminal sanctions
aim to give preferential suffering to the offender so that he felt as a result
of his actions. In addition aimed at imposing suffering against the
perpetrators, criminal sanctions also constitute a statement of disapproval
against offenders act. In the case of money laundering narcotics proceeds of
crime, criminal sanctions is necessary as a deterrent effect imposed by the
judge to the perpetrators of money laundering narcoticsproceeds of crime. But
often found differences in criminal sanctions against the judgeimposed the same
case, or better known as the Criminal Disparities resulting in the emergence of
injustice. Criminal is a criminal disparity unequal application of the same criminal
acts without apparent justification. This study examines the problems of (1)
How isthe construction of thinking judges in decisions in the case of money laundering
narcotics proceeds of crime in the case Number: 593 / PID / SUS / 2012 / PN.PBR
and case Number: 258 / PID / SUS / 2014 /PN.PBR? (2) Are the causes of
dispartitas verdict against money laundering narcotics proceeds of crime. The
goal in this study to determine construction thinkjudges in imposing criminal
verdict in the case Number: 593 / PID / SUS / 2012 / PN.PBRand case Number: 258
/ PID / SUS / 2014 / PN.PBR? and also to determine the factors that cause
disparities verdict against money laundering narcotics proceeds of crime. From
theresults of this study concluded (1) that in case Number: 593 / PID / SUS /
2012 / PN.PBRdefendant is proven guilty of money laundering as stipulated in
Law No. 8 of 2010 withsentenced to imprisonment for 3 (three) years and a fine
Rp.800.000.000, - (eight hundredmillion dollars) and in case Number: 258 / PID
/ SUS / 2014 / PN.PBR defendant was legally commit money laundering continues,
the defendant shall be sentenced to prison for 1 ( one)year 2 (two) months and
a fine of Rp. 100.000.000, - (one hundred million rupiah). (2) The cause of the
disparity verdict against the same criminal act caused by the law itself
factors,factors resources law enforcement officials, a factor of self-judge
itself (both internal and external) and also the factors of the situation
inside the defendant. This study suggested thatthe government mengandemen Law
on Money Laundering which so no criminal classification is based on the type of
predicate offenses, the amount of money obtained from the predicate offense,
and specifically for money laundering predicate crime that his narcotic crime
to establish regulations for the amount and type of drugs so that the judge in
making the interpretation of the statute can be limited.
Keywords: Disparity, Criminal,
Money Laundering
Penulis: Santo Barri Gultom
Kode Jurnal: jphukumdd151173
