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VOL. 12, ISSUE 1 (2026)
Legal analysis of Judges' decisions below the minimum limit, specifically in corruption criminal action
Authors
Emira Lingga Febryan, Nahdiya Sabrina, Leni Dwi Nurmala
Abstract
This research analyzes the juridical considerations in the Surabaya
Corruption Court Decision No. 74/Pid.Sus-TPK/2019, which imposed a sentence
below the special minimum in a case of corruption involving National Health
Insurance (JKN) Capitation Funds. The research aims to examine the fulfillment
of the principles of justice and legal certainty in said decision. Utilizing
Gustav Radbruch's theory, the research finds that the judge imposed a 2-year
prison sentence on KHOLIFAH, the treasurer of the community health center
(puskesmas), who was proven to have unlawfully deducted incentive allowance
(Jaspel) funds amounting to Rp 59.6 million. The judge's considerations were
based on a contextual systemic analysis, such as hierarchical bureaucratic
structure, divided moral responsibility, and motives for institutional
operational interests. A Radbruchian analysis reveals that this decision
entails a reevaluation of legal value priorities, where substantive justice and
social utility are prioritized over formal legal certainty. The judge is
considered to have applied the principle of proportionality and captured the
spirit of the Corruption Eradication Law. It is concluded that the decision,
although normatively deviant, has fulfilled the principles of justice and legal
certainty within a substantive and contextual framework.
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Pages:206-210
How to cite this article:
Emira Lingga Febryan, Nahdiya Sabrina, Leni Dwi Nurmala "Legal analysis of Judges' decisions below the minimum limit, specifically in corruption criminal action ". International Journal of Law, Vol 12, Issue 1, 2026, Pages 206-210
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