Pertimbangan Hakim Dalam Menjatuhkan Pidana Tambahan Berupa Pengembalian Kerugian Negara Oleh Pelaku Tindak Pidana Korupsi”(Studi Perkara Nomor 31/Pid.Sus-TPK/2015/PN Pbr)

Abstract

Abstract

A lot of money that come from corruption didn’t come back to the nation, not optimal money from corruption to the nation because there is no additional sanction for consideration judge for the additional sanction like money from corruption return to the nation according to the ConstitutionNumber 31 Year 1999 changed with Constitution number 20 Year 2001 about the eradication of corruption additional crime that been setting in paragraph 19 verse (1) letter b Constitution number 20 Year 2001 sound “payment of money substitute that cost as much as property who gets by corupyion crime”. The issue that about to discuss is1) how is the implementation of additional crime  like  disadvantage return to the nation by corruption crime in case number 26/Pid.Sus-TPK/2015/PN.PBR. 2) what is the consideration  for giving an additional  like giving back disadvantage to the nation by corruption crime casein case number 26/Pid.Sus-TPK/2015/PN.PBR. Research type is using socio-normative. Technical research data is doing by document study. Analysis was performed to analyze the file using qualitative. The result of this study are 1) Decision that been giving from the judge is already fill the minimal threat crime specialy in paragraph 3 Constituion number 31 Year 1999 that changed with Constitution number 20 Year 2001 about acts of eradicationcorruption imprisonment for 1 (one) year and 6(six) months and also fined Rp.50.000.000,- (fifty thousand rupiah) and additional sanctions for paying replemcement money Rp.60.500.000 (sixty million and five hundred thousand rupiah). 2) judge considering, decision that been applied by the judges already considered both juridical and non-juridical.

Keywords : Consideration Justice, State Loss, Criminal addition, Corruption