DISPARITY OF JUDGES' DECISIONS TOWARDS CORRUPTION CRIMINAL ACTS No. 1261 K/Pid.Sus/2015 And No. 336 K/Pid.Sus/2015

Abstract

Formulation of the problem of what factors cause disparities in Corruption Crime decisions Number. 1261 K/Pid.Sus/2015 and Number 336 K/Pid.Sus/2015 and what is the impact of the disparity in the Corruption Crime decision Number. 1261 K/Pid.Sus/2015 and Number 336 K/Pid.Sus/2015. In line with what is the main point of discussion of the thesis that the authors present, the type of research that will be used is Normative legal research. The research results show that the factors causing disparities in Corruption Crime Decisions Number. 1261 K/Pid.Sus/2015 and Number. 336 K/Pid.Sus/2015 is influenced by legal/regulatory factors, in which both of these decisions the judge is guided by the continental legal system (civil law system) which focuses on written legal rules, and is influenced by the judge's internal factors, in which the judge is subjective in his considerations. Determination of punishment depends on the judge's subjective assessment of objection factors, intent, violence, or the impact of the criminal act. The impact of disparities in Corruption Crime decisions Number. 1261 K/Pid.Sus/2015 and Number 336 K/Pid.Sus/2015, among other things, do not provide justice, create legal uncertainty, the public loses trust in legal institutions. Conclusions from the Disparity in Judges' Decisions Against Perpetrators of Corruption Crimes Number. 1261 K/Pid.Sus/2015 and Number. 336 K/Pid.Sus/2015, are two different decisions, in which the corruption crime decision number. 1261 K/Pid.Sus/2015 in point five (5) the judge imposed additional punishment on the defendant Anas Urbaningrum in the form of revocation of the right to be elected to public office; This is different from decision number. 336 K/Pid.Sus/2015, which in its decision did not impose additional punishment on the Defendant M. Akil Mochtar in the form of revocation of the right to be elected to office. The impact of disparities in Corruption Crime decisions Number. 1261 K/Pid.Sus/2015 and Number 336 K/Pid.Sus/2015 Not Providing Justice Causes Legal Uncertainty People Lose Trust in Legal Institution