ANALISIS YURIDIS AMAR PUTUSAN HAKIM TERHADAP TERPIDANA PINANGKI SIRNA MALASARI (Putusan Nomor 10/PID.SUS-TPK/2021/PT DKI)

Abstract

In handing down a decision (sentence) the judge has the freedom to determine the severity of the crime to be imposed on the defendant between minimum to maximum although the judge is free to consider the severity of the sentence to be imposed and not arbitrarily obey his subjective feelings and must pay attention to three things that very essential, namely justice (gerechtigheit), certainty (rechsecherheit) and expediency (zwachmatigheit). Related to this, people often feel dissatisfied with the punishment for corruptors. Corruption is one of the many types of criminal acts. In Decision no. 10/Pid.Sus-TPK/2021/PT DKI regarding the corruption case carried out by Prosecutor Pinangki, there was a judge's consideration regarding the defendant's gender which was used as one of the reasons for reducing the length of the prison sentence from 10 (ten) years to 4 (four) years . Thus, many people believe that the criminal considerations and sentences in Decision No. 10/Pid.Sus-TPK/2021/PT DKI there is no principle of justice. This research uses normative juridical research methods with data collection methods, namely literature study and qualitative descriptive analysis using statutory, conceptual and case approaches. The legal materials in this research are primary legal materials consisting of legal materials that have binding force as the main basis used in the framework of this research, namely the Criminal Code, while secondary legal materials consist of theories, norms, principles and doctrines relevant to the legal issues of this research found in books, scientific journals, papers, theses, theses, dissertations, news and scientific articles. Finally, there are other legal materials in the form of internet sites that are suitable as sources for searching for legal materials.