KAJIAN NORMATIF PERTANGGUNGJAWABAN PIDANA TERHADAP JAKSA YANG MELAKUKAN TINDAK PIDANA KORUPSI SERTA DASAR PERTIMBANGAN HAKIM TINGGI MENGUBAH DAN MEMPERBAIKI AMAR PUTUSAN DALAM KASUS SUAP PINANGKI SIRNA MALASARI (Putusan Nomor : 10/PID.TKP/2021/PT.DKI)

Abstract

In compiling this report, there is a goal to be obtained from an existing problem where the aim is to find out, as well as evaluate the basis for the judge's consideration of the perpetrators of corruption in decision number 10/pid.tpk/2021/pt dki and to find out and analyze the form of the criminal responsibility that can be applied to perpetrators of corruption in the high court decision number 10/PIDsus-TPK/2021/PT.DKI based on law number 31 of 1999 the Corruption Eradication Commission. The type of research approach in this research is to use a case approach, namely a research approach in normative law. Which in this case is research by examining cases related to research materials that are decided by courts that have permanent legal force or inkracht van gewijsde. The basis for the judge's considerations in the decision 10/Pid.Tpk/2021/Pt Dki is to consider the element that the defendant Pinangki admits his guilt and is willing to be removed from his position as a prosecutor, has a child, and as a woman who needs protection. From these considerations there are elements of human rights and the protection of women, as well as the judge's considerations in view of the principles of justice and morality which can mitigate and alleviate the punishment of suffering. The criminal responsibility carried out by the defendant was in the form of imprisonment for having violated the code of ethics as a prosecutor based on law number 11 of 2021 and law number 16 of 2004 concerning the prosecutor's office of the Republic of Indonesia and also violated the law on corruption number 31 of 2004. 1999 concerning eradicating criminal acts of corruption and also law number 20 of 2001 concerning amendments to law number 31 of 1999 concerning eradicating criminal acts of corruption. Therefore, with this report, we hope to provide contributions and inputs in the development of legal knowledge and in practices that occur in the field.

Keywords : Corruption; Decision; Criminal Liability.