PENERAPAN ASAS EQUALITY BEFORE THE LAW PADA PENJATUHAN PIDANA DALAM KASUS KONEKSITAS PADA TINDAK PIDANA KORUPSI

Abstract

Connection cases are regulated in Article 198 concerning Military Justice, Articles 170 to 172 of the Criminal Procedure Code, and Article 16 concerning Judicial Power. Although the regulations already exist, there are still problems in implementing these connection cases. The problems of this research are: (1) Application of the principle of equality before the law in sentencing civil and military defendants in connection cases; (2) Criminal liability for civil and military crimes in connection cases. This research uses a normative research method accompanied by Decision Number 32-K / PMU / BDG / AD / VII / 2023. Secondary data includes primary legal materials, secondary and tertiary law. Data collection techniques use literature studies. Data analysis techniques use qualitative data. The results of this study conclude: (1) From the perspective of applying the principle of equality before the law, the imposition of criminal penalties on civilian defendants and military defendants in cases of connectivity is not based on differences in the defendant's status, but rather on differences in actions that are legally relevant; (2) From the aspect of criminal responsibility, both military and civilian defendants have fulfilled all elements of criminal responsibility as stipulated in criminal law. Therefore, it is more necessary for law enforcers to emphasize regulations regarding connectivity so that the resulting decision is not only legally sound, but also reflects substantive justice. In judicial practice, differences in the defendant's status as a civilian or military should not be used as a basis for differentiation in sentencing.