Pandangan Mahkamah Agung Republik Indonesia Tentang Disparitas Putusan Pemidanaan Perbuatan Melanggar Hukum Yang Merugikan Keuangan Negara (original) (raw)

The aim of the research is how disparities in sentencing decisions are regulated in Indonesian criminal law and a comparative study of the stance and views of the Supreme Court of the Republic of Indonesia. Concerning Disparity in Decisions on Punishment for Unlawful Acts That Are Harmful to State Finances. To answer these problems, normative legal research methods (normative juridical) are used with a statutory approach, case approach, conceptual approach and comparative approach, using secondary data obtained from primary, secondary and tertiary legal material sources. The research found that the regulation of disparity in decisions in the Indonesian Criminal Law is regulated in Article 12 Paragraph (1) of the Criminal Code, then specifically regulated in Article 5 and Article 6 of Perma 1/2020 concerning Sentencing Guidelines Article 2 and Article 3 of the Corruption Law and the Establishment and views of the Court Agung R.I. regarding disparities in punishment decisions that are detrimental to state finances or the state economy, at first we only looked at the actions, then after the Constitutional Court decision Number 25/PUU-XVII/2016 which stated that criminal acts of corruption are material offenses, resulting from actions that are detrimental to state finances or the country's economy. must be proven based on loss calculations carried out by the BPK; Influence the views and stance of the Supreme Court, so that state financial losses must be seen according to the stages as intended by Perma 1/2020, namely regarding the category of loss, level of error, impact and benefits obtained as well as circumstances that aggravate or mitigate the defendant. So as to provide justice and legal certainty