PENERAPAN ASAS EQUALITY BEFORE THE LAW DALAM BEBERAPA PUTUSAN PENGADILAN PADA PERKARA TINDAK PIDANA KORUPSI DI INDONESIA

Abstract

There are differences in treatment in terms of differences in the placement of
defendants by the Court (Judge) as law enforcement officers who have the authority
determined by law. This shows that there is objective law enforcement. There is still an
overlap in the judge's decisions that have been determined at the corruption trial. This
further strengthens that the principle of equality before the law in Indonesia is still very
concerning. The existence of differences in decisions influenced by social strata is very
thick in corruption. With consideration of the principle that everyone should be equal
before the law. Nothing can influence the decision, considering the magnitude of the loss
and the impact of the crime itself.
Adhering to the principle of equality before the law (equal position in law and
government), there should be no defendants of corruption crimes who receive preferential
treatment between one actor and another who are subject to detention by the Court
(Judge).
This study will examine the subject matter according to the scope and
identification of problems through a normative juridical approach. In this type of legal
research, the law is conceptualized as what is written in the legislation (law in the book)
or the law is conceptualized as legal rules which are standards for behaving or behaving
appropriately or inappropriately by using descriptive methods. This research is a
normative juridical research on legal systematics. This research is legal systematic and
can be carried out on certain statutory regulations or or written law. Based on the
normative research method, the data source used in this study is a secondary data source
consisting of 3 legal materials, namely: primary legal materials, secondary legal
materials, and tertiary legal materials. Data collected from literature study.
Keywords: Application of Principles - Equality Before The Law - Corruption Crimes