SISKA CHRISTINA, 030810148 MH (2010) PENERAPAN SANKSI PIDANA PENJARA MINIMUM OLEH HAKIM PENGADILAN NEGERI SUMBAWA BESAR DALAM TINDAK PIDANA KORUPSI. Thesis thesis, UNIVERSITAS AIRLANGGA.

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Abstract

In the criminal justice system occupies a central position. This is because the decision on the punishment would have broad consequences, both directly relating to criminal and society at large. Moreover, if the criminal decision by both academics and practitioners community deemed inappropriate, it will cause a reaction that controversial, because the truth in this case is relatively dependent nature of which looked at. The problem in this research is whether the legal consequences of court decisions in criminal cases of corruption that does not comply with the provisions of the Corruption Act and whether remedies taken against the verdict in corruption case that does not comply with the Corruption Act. This study used the type of research with statute approach and conceptual approach. Legal materials used are of primary law materials and secondary legal materials. The results explain that the legal consequence of a court decision that does not comply with the provisions of the Corruption Act could not be justified, the decision is null and void, meaning that the decision is deemed not exist or the decision has no legal effect. Remedy against the decision that is not appropriate is the public prosecutor filed an appeal in the Supreme Court as the ordinary remedy, although in those cases that are used as a reference should file an ordinary law, namely an appeal to the Court of Appeal and Cassation at the Supreme Court, because the judge's decision that there is a perception of a deliberate and judges use the principle of freedom in deciding the case excessive.

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