Ade Canra Octavia, SH, 031224153089 (2018) PUTUSAN HAKIM YANG TIDAK MENSUBSIDERKAN PIDANA PEMBAYARAN UANG PENGGANTI DENGAN PIDANA PERAMPASAN KEMERDEKAAN DALAM PERKARA TINDAK PIDANA KORUPSI (Analisa yuridis Putusan Pengadilan Negeri Surabaya Nomor 2699 / PID.B / 2004 / PN.SBY Tanggal 27 April 2005). Thesis thesis, Fakultas Hukum.

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Abstract

There are significant changes in Constitution act No. 31 of 1999 on Corruption Eradication, as amended and supplemented by Law No. 20 of 2001 compared to the previous regulations, namely Act No. 3 of 1971 on Corruption Eradication, among the changes that arrangements for compensation regarding criminal. One of the causes is how the implementation for compensation is not that optimal due to the quality of the judge's decision for it is not really clear. The writer takes example on the verdict, payment of compensation is not explicitly duration of imprisonment as a subsidiary if the defendant does not pay compensation within a predetermined period of time (vide the Surabaya District Court Decision No. 2699 / Pid.B / 2004 / PN.SBY 27th April 2005). Then, the purpose of this research is to analyze the ratio decidendi of Surabaya District Court Decision No. 2699 / Pid.B / 2004 / PN.SBY On April 27, 2005, and the legal consequences. Ratio decidendi Surabaya District Court Decision No. 2699 / Pid.B / 2004 / PN.SBY Date 27 April 2005 simply stated that since it has been proven that the actions of the defendant has caused losses to the state, namely PT. Pelindo III then the defendant must be weighed as well as to pay compensation in accordance who had enjoyed such and must be paid jointly and severally by the defendants. To achieve the purpose of punishment, Surabaya District Court Decision No. 2699 / Pid.B / 2004/27 APRIL 2005 Date PN.SBY on behalf Samiran Halim and Indro MULYONO) the verdict of the Criminal Compensation will not be punished by deprivation of liberty will not be subsidiary then prosecutors can make an effort to convict defendants of civil Samiran Halim and Indro MULYONO on the basis of tort.

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