PENERAPAN PIDANA TERHADAP ADVOKAT YANG MELAKUKAN OBSTRUCTION OF JUSTICE DALAM TINDAK PIDANA KORUPSI (STUDI KASUS PUTUSAN: 9/PID-SUS/TPK/2018/PN.JKT.PST DAN PUTUSAN: 90/PID-SUS/TPK/2018/PN.JKT.PST)

Abstract

Criminal act obstruction of justice is regulated in Article 21 Law Number 31 of 1999 concerning Corruption Crimes, as amended by Law Number 20 of 2001. Case criminal act obstruction of justice in Decision: 9/Pid.Sus-TPK/ 2018/PN. Jkt.Pst and Decision: 23/Pid.Sus-TPK/2018/PT.DKI is action that hampers court process and makes it difficult for law enforcers to achieve justice by advocate in cases criminal acts corruption. Problem Formulation: (1) How is application crime against perpetrators criminal acts obstruction in case Number: 9/Pid.Sus-TPK/2018/PN.Jkt.Pst and 23/Pid.Sus- TPK/2018/PT.DKI? (2) What are judge's considerations in applying crime obstruction of justice case Number: 9/Pid.Sus-TPK/2018/PN.Jkt.Pst and 23/Pid.Sus-TPK/2018/PT.DKI. Type research used is normative legal research. Data sources obtained from primary legal materials, secondary legal materials and tertiary legal materials. Data collection technique was carried out by document study. Data was analyzed qualitatively. Conclusions from research results (1) Defendant FY is proven to have violated Article 21 Law Republic Indonesia Number 31 of 1999 as amended by Law Republic Indonesia Number 20 of 2001 (2) With threat imprisonment for 7 years and fine of Rp. 500,000,000.00 with provision that if it is not paid it will be replaced by imprisonment for 5 months.