Analisis Hukum Pengurangan Hukuman Terdakwa Tindak Pidana Korupsi oleh Mahkamah Agung (Studi Putusan Mahkamah Agung Nomor 3681 K/Pid.Sus/2019)

Abstract

Corruption is a very serious crime with far-reaching impacts because it can harm the state and society. Factually, many perpetrators of corruption were given relatively light sentences, some were even acquitted by a magistrate judge. The problems discussed in this study are: 1. Reviewing the basis for imposing a sentence reduction decision on a corruption offence by a judge from the perspective of sentencing philosophy; 2. Review the judge's considerations in reducing the sentence for the defendant for corruption in the Supreme Court decision Number 3681 K/Pid.Sus/2019; and 3. Reviewing the juridical consequences of reducing sentences for defendants of corruption by the Supreme Court in Supreme Court decision Number 3681 K/Pid.Sus/2019. This research is an analytical descriptive research. This type of research is normative legal research. The data source used in this study is secondary data which includes primary legal documents, secondary legal documents and tertiary legal documents. The data collection technique used in this article uses library research. The results of the study show that the basis for reducing the sentence of a defendant for corruption by a judge in the perspective of sentencing philosophy refers to Article 11 of Law No. 20 of 2001 is a crime taken from Article 418 of the Criminal Code. This article in a limited way can only be applied to civil servants or state administrators as legal subjects of corruption who can be held criminally responsible. The involvement of state administrators in receiving gifts or promises whether or not there is a connection with their power or authority is highly dependent on the judge's assessment based on the results of evidence, including the mental attitude of a person who commits an act prohibited in Article 11 of Law No. 20 of 2001 said. Thus, the application of the second indictment by the Supreme Court judge is in accordance with the legal precedent that has been established— as it relates to the criminal act in Article 11 of Law No. 20 of 2001. However, the juridical consequences of reducing the sentences for defendants of corruption by the Supreme Court in the Supreme Court Decision Number 3681 K/Pid/2019 have resulted in disparities in sentencing. To overcome disparities, it is necessary to establish punishment standards, especially in Corruption Crimes, so that they can be consistent with one another. This led to greater harmony between judges when considering the severity of sentences handed down.