Setyaningrum, Endah (2021) PENERAPAN ASAS KEBEBASAN HAKIM DALAM PENJATUHAN PIDANA DIBAWAH MINIMUM KHUSUS TERHADAP PELAKU TINDAK PIDANA KORUPSI DI PENGADILAN TINDAK PIDANA KORUPSI YOGYAKARTA. S1 thesis, Universitas Atma Jaya Yogyakarta.
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Abstract
Corruption is an extraordinary crime, seen from its impact. Corruption causes
losses to the State in financial or even economic terms, but will have a broad impact
on social and cultural aspects. In the Anti-Corruption Act, there are spesifict
minimum criminal rules which have the aim of providing a deterrent effect to
defendants or people who intend to commit acts of corruption. However, in practice
the application of the imposition of spesific minimum criminal sanctions has not
been maximized, there are still decisions that impose criminal sanctions below the
specific minimum. The purpose of this paper is to find out how to apply the principle
of judge freedom in the imposition of a special minimum sentence in corruption
cases. This writing uses the juridical normative method with data sources from
secondary data consisting of primary legal materials in the form of statutory
regulations, court decisions, and secondary legal materials in the form of literature
and research results. The conclusion of this paper is that the judge who decides this
case applies the principle of judge freedom by choosing aspects of justice over legal
certainty in order to achieve benefit in society
| Item Type: | Thesis (S1) |
|---|---|
| Uncontrolled Keywords: | Corruption, spesifict minimum, judge freedom |
| Subjects: | Ilmu Hukum > Peradilan dan Penyelesaian Sengketa Hukum |
| Divisions: | Fakultas Hukum > Program Studi Ilmu Hukum |
| Date Deposited: | 19 Mar 2021 12:49 |
| Last Modified: | 19 Mar 2021 12:49 |
| URI: | https://repository.uajy.ac.id/id/eprint/23566 |
