Penerapan Pidana Bersyarat Dalam Perkara Tindak Pidana Korupsi (Studi Putusan Mahkamah Agung Nomor 2591K/Pid.Sus/2011)

Wardani, Dea Kusuma (2017) Penerapan Pidana Bersyarat Dalam Perkara Tindak Pidana Korupsi (Studi Putusan Mahkamah Agung Nomor 2591K/Pid.Sus/2011). Other thesis, Universitas Sebelas Maret.

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    Abstract

    This study aims to determine the settings of probation in corruption cases under Act No. 20 of 2001 on the Amendment of Act No. 31 of 1999 on Eradication of Corruption and its application through the consideration of judges in Supreme Court Decision No. 2591K / Pid .Sus / 2011. This study uses normative law research and technical prescriptive or applied. The research approach in the form of law approach and the approach case study data type is secondary data with primary legal materials and secondary law. Data collection techniques in the form of a literature study and data analysis technique used is the syllogism deduction method. Based on the results of this study concluded that the application of probation in Supreme Court Decision No. 2591 K / Pid.Sus / 2011 has been in accordance with the provisions of Article 14a Criminal Code and is based on the independence of judges in imposing criminal as stipulated in the Law on Judicial Power. Although probation not regulated in Law Number 20 of 2001 on the Amendment of Act No. 31 of 1999 on Corruption Eradication, the judge has the opportunity to convict parole is based on Article 103 of the Criminal Code. However, under the principle of lex specialist derogat legi generali, probation can not be applied as the Law on Corruption Eradication as a criminal provisions of a special nature can override the criminal provisions of a general nature (Criminal Code). Keyword: law on the eradication of criminal acts of corruption, probation, corruption, judge consideration

    Item Type: Thesis (Other)
    Subjects: K Law > K Law (General)
    Divisions: Fakultas Hukum
    Fakultas Hukum > Ilmu Hukum
    Depositing User: Fransiska Meilani f
    Date Deposited: 24 Jan 2017 13:52
    Last Modified: 24 Jan 2017 13:52
    URI: https://eprints.uns.ac.id/id/eprint/31328

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