ANALISIS YURIDIS PERBUATAN PENYUAPAN DALAM TINDAK PIDANA KORUPSI (Studi Putusan Nomor 10/ Pid Sus-Tpk /2021/PT DKI)

Abstract

Corruption has become a common habit in Indonesian society, especially among
officials and state administrators in the Republic of Idonesia. As in this case the state civil
apparatus being caught in a criminal case of bribery in corruption in 2021. With their status
as a state civil apparatus, including the law enforcement profession, it should receive more
severe criminal sanctions. In reality, the crime in decision case Number 10 Pid Tpk 2021/PT
DKI was actually without any weight. Apart from that, the judge’s considerations regarding
gender status where the perpetrator was a woman led to considerations that made things
easier for the perpetrator.
This research aims first, to analyze the judge’s considerations regarding criminal
acts of corruption in decision Number 10/Pid Sus-Tpk/2021/PT DKI based on a progressive
legal perspective. Second, to find out whether the application of criminal sanctions for
defendants of corruption in decision Number 10/Pid Sus-Tpk/2021/PT DKI is in accordance
with article 5 of the judicial power law.
In this paper using normative legal research methods, namely library law research.
In connection with the type of research used, namely normative research, the approach used
is a case approach and a statutory approach. Analysis was carried out on library materials
or secondary data consisting of primary legal materials and tertiary legal materials, the
result of the analysis are then described in qualitative descptive manner.
The results of the study indicate that in both the juridical and non-juridical
considerations above, the writer considers that the basis of the judge's legal consideration is
not under the principle of equality before the law, and did not consider the status of the
accused as a law enforcement officials but instead committed a criminal act of corruption.
In the concept of progressive law, judges can be more flexible in giving decisions, namely by
making discoveries or breakthroughs related to what is currently irrelevant. However, in the
implementation of the criminal sanction against Attorney Pinangki in Decision Number
10/Pis.SusTPK/2021/PT DKI if viewed based on a progressive law perspective it has not
been fulfilled.
Keywords :Criminal Acts Of Corupption, Penalty, Judge’s Consideration.