DISPARITAS PUTUSAN HAKIM DALAM TINDAK PIDANA SECARA BERSAMA – SAMA MELAKUKAN KORUPSI YANG DILAKUKAN SECARA BERLANJUT OLEH PEGAWAI NEGERI SIPIL SEBAGAI PELAKU TINDAK PIDANA (Studi Putusan Nomor 15/Pid.Sus-TPK/2023/PN Tjk) dan (Putusan Nomor 16/Pid.Sus

Abstract

Corruption is a crime that often occurs in all countries, including Indonesia, namely misappropriation and misuse of state money and if you find significant differences in punishment (disparity), corruption cases are more or less the same and are not worth comparing. The main factors that cause disparities in decisions originating from judges are the judge's character in examining a case, the judge's knowledge, and the judge's logical thinking in understanding the flow of evidence in the trial. The defendant can be held responsible for his actions based on Article 2 Paragraph (1) Jo. Article 18 paragraph (1) Republic of Indonesia Law Number 31 of 1999 concerning the Eradication of Corruption Crimes as amended by Republic of Indonesia Law Number 20 of 2001 concerning Amendments to Republic of Indonesia Law Number 31 of 1999 concerning the Eradication of Corruption Crimes Jo. Article 55 Paragraph (1) 1st of the Criminal Code Jo. Article 64 Paragraph (1) 1 of the Criminal Code, as alleged in the indictment of the Primair Public Prosecutor, as intended in Article 182 paragraph (1) letter b of Law Number 8 of 1981 concerning Criminal Procedure Law.