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International Journal of
Law
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VOL. 8, ISSUE 2 (2022)
Judges' considerations in determining the criminal action of corruption relationship with the principle of legal assurance
Authors
Ruddy Harry Pahlevi Pelawi, Dey Ravena, Chepi Ali Firman
Abstract
One of the important issues towards the future of legal development including law enforcement in Indonesia is how to exercise judicial power in accordance with the laws and regulations and fulfill the principles of justice for the perpetrators of corruption who are charged with Articles 2 and 3. In this study the author uses a normative juridical approach. The results of this study are: First, the basis of the judge's considerations in imposing a sentence on the defendant in the corruption case article 3 of Law number 20 of 2001, namely the basis of the judge's juridical considerations, namely the judge's consideration from a legal point of view, based on the evidence provided. there is. Non-juridical considerations are considerations that are seen from non-legal aspects, namely in considering the severity of corruption. Second, the application of PERMA Number 1 of 2020 concerning Guidelines for the Criminalization of Article 2 and Article 3 of the Law on the Eradication of Criminal Acts of Corruption is normatively only devoted to criminal acts of corruption contained in Article 2 and Article 3 of the Corruption Criminal Act, because in general Article 2 and Article 3 is a criminal act of corruption that is very common in Indonesia. Therefore, the application of this regulation is only applied to articles 2 and 3 of the corruption law number 20 of 2001 concerning the Eradication of Corruption Crimes.
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Pages:178-184
How to cite this article:
Ruddy Harry Pahlevi Pelawi, Dey Ravena, Chepi Ali Firman "Judges' considerations in determining the criminal action of corruption relationship with the principle of legal assurance". International Journal of Law, Vol 8, Issue 2, 2022, Pages 178-184
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