International Journal of Law
International Journal of Law
International Journal of Law
Vol. 5, Issue 6 (2019)

An effective model of decision-making by judges in preventing disparity of sentencing in criminal acts in corruption cases in Indonesia


Dr. Elias Rodrigo, Altje Agustin Musa, Hironimus Taroreh

The purpose of this article was written, namely: (1) analyze the problem of disparity of sentencingbetween the decision of the Supreme Court of the Republic of Indonesia and the decision of the judge of the District Court and the High Court of Corruption in Manado Indonesia; (2) analyzing the model of effective decision-making by judges in preventing disparity of sentencingin the case of corruption in Indonesia. The type of approach is socio-juridical. Data collection techniques are carried out by reading and examining the laws and regulations, specifically the Act (Corruption Act) of Corruption and various relevant literature. Data processing is done by grouping data according to its type, and data are analyzed using qualitative descriptive analysis. The results of the study are: (1) There has been a disparity of sentencingbetween the decision of the Supreme Court and the decisions of the District Court and the High Court of Manado Indonesia, relating to the application of the provisions of the articles in the Anti-Corruption Law, the length of imprisonment and the severity of criminal fines. (2) One model of effective decision-making by judges in preventing disparity of sentencing is the "rational decision" model with a positivistic approach, which is an approach that emphasizes the formal measures of the text of laws and regulations in exploring legal truth.
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How to cite this article:
Dr. Elias Rodrigo, Altje Agustin Musa, Hironimus Taroreh. An effective model of decision-making by judges in preventing disparity of sentencing in criminal acts in corruption cases in Indonesia. International Journal of Law, Volume 5, Issue 6, 2019, Pages 01-05
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