DISPARITAS PENJATUHAN PIDANA OLEH HAKIM TERKAIT PENGURANGAN LAMANYA PIDANA PENJARATERHADAP APARATUR NEGARA YANG TERBUKTI MELAKUKAN TINDAK PIDANA KORUPSI (Analisis Putusan Nomor : 163 PK/Pid.Sus/2019)

Abstract

Corruption has a very extraordinary impact in life, so it is classified as an extraordinary crime. The laws and regulations in Indonesia are not clear enough to regulate aggravating and mitigating circumstances that can be considered in imposing a criminal offence. The literature on this matter is also still minimal, even though this issue is very important because it is something that must be considered in every decision that imposes a crime. After the consideration of proving the guilt of the accused, the consideration for imposing a crime is another important thing in the decision. This criminal imposition is referred to as a process that involves the inner struggle of the judge who decides thecase. Consideration of aggravating and mitigating circumstances has an influence on: the proportionality of the sentence, the determination of the maximum and minimum punishment, and also as the basis for imposing a sentence under the special minimum limit determined by the legislators. This study also formulates how judges in examining and deciding cases have the main basis in the form of free judicial power, this is regulated in article 24 paragraph (1) of the 1945 Constitution which reads, "judicial power is an independent power to administer justice to enforce law and justice.” Therefore, in accordance with the article, judges are
independent people in giving, examining and deciding a case, there should be no intervention from any party. This is intended so that the judge in deciding and examining a case is more based on the interests of justice.