PERBANDINGAN PUTUSAN PENGADILAN TINDAK PIDANA KORUPSI NOMOR 62/PID.SUS-TPK/2016/PN.PBR DENGAN PUTUSAN NOMOR 2233 K/PID.SUS/2017 TERKAIT TINDAK PIDANA SUAP

Abstract

Corruption is one form of crime that damages national discipline. Things that are done in
society and society do not go well, causing financial impacts and decreasing national morale. The
practice of corruption spreads in several State institutions such as the executive, legislative, and
judiciary both central and regional. The act of criminal offenses is one of the impacts on the social
and economic rights of the community. One of the Singer Corruption Crime cases because bribe
APBD-P 2014 dan RAPBD 2015 Interesting Singer Decision for review was reviewed there was a
disparity in decision betwen defendant I and defendant II, because in the First Court the Defendant
II was acquitted by the panel of judges. Then the public prosecutor at the Indonesian Corruption
Eradication Commission filed a cassation law at the Supreme Court level, in which Tyris II was
found guilty. The purpose of Singer Thesis Writing, namely: First, to review the basic basis of the
Judge's consideration in dropping case decision number 62 / Pid.Sus-TPK / 2016 / PN.Pbr with
Case Verdict Number 2233 K / Pid.Sus / 2017 defendant. second, to find out the power of proof in
Case Number 2233 K / Pid.Sus / 2017 at the Supreme Court Cassation level.
Operating Singer Research can be classified in the type of normative legal research,
descriptive singer research is, that is, a research that describes operating clearly and in detail
regarding the construction of judges' thinking in imposing criminal acts on corruption, data sources
that are used secondary data consisting of primary legal material , secondary legal materials, and
tertiary legal materials, techniques for entering data in this study by studying the literature, after the
data collected is then analyzed to draw conclusions.
From the results of research and discussion there are two things that can be concluded. First,
Judex facti basic considerations using the way of Thinking Legism / Positivism and following a
narrow meaning about the notion of Corruption Crime and tends to prioritize Judge Beliefs without
considering evidence according to Article 184 paragraph (1) of the Criminal Procedure Code. The
rationale of the cassation law on Judex Juris, the judge put forward on the spirit of progressive law
namely juridical, philosophical and sociological decisions, the creator of a sense of justice and
expediency. Second, the strength of evidence in the cassation level is the dimensions of court
decisions based on the theory of coherence or consistency, namely the truth that proves one thing
that is related to Article 184 of the Criminal Procedure Code. In Article 188 of the Criminal
Procedure Code the application of the applicable provisions to determine its provisions.
Keywords: Corruption Crime - Judge Decision - Proof