ANALISIS TERHADAP PUTUSAN NOMOR 19/PID.SUS-TPK/2018/PN PBR PADA TINDAK PIDANA KORUPSI PROYEK RUANG TERBUKA HIJAU DAN PEMBANGUNAN TUGU ANTI KORUPSI DI PROVINSI RIAU

Abstract

The corruption case in the case of decision Number 19/Pid.Sus-TPK/2018/PN Pbr
the application of the criminal sanctions given in this decision did not provide a deterrent
effect for the perpetrators and seemed selective. The DAS defendant was sentenced to 17
months in prison and paid a fine of Rp. 50 million subsidiary 1 month in prison and pay
compensation for state losses of Rp. 80 million. The judge's decision was lower than the
demands of the public prosecutor, namely 2 years in prison. The formulation of the
problem in the research are: 1) How is the application of criminal sanctions in the
decision Number 19/Pid.Sus-TPK/2018/PN Pbr?, 2) What are the judges' considerations
in the decision Number 19/Pid.Sus-TPK/2018/PN Pbr?.
The results of this study are the application of criminal sanctions in the decision
Number 19/Pid.Sus-TPK/2018/PN Pbr which is lighter than the prosecutor's demands.
The sanctions given to the perpetrators do not show a deterrent effect on the perpetrators.
The judge's consideration in the decision Number 19/Pid.Sus-TPK/2018/PN Pbr on
criminal acts of corruption in the green open space project and the construction of an
anti-corruption monument in Riau Province juridically, the judge looked at the statutory
provisions that were used as the basis for the indictment. In non-juridical terms, judges
look at things that are aggravating and lighten punishments outside of juridical factors.
Keywords: Analysis, Decision, Crime, Corruption