DISSENTING OPINION DALAM SISTIM PERADILAN TINDAK PIDANA KORUPSI (Studi Kasus pada Pengadilan Tipikor Padang)

Abstract

Dissent (dissenting opinion) in a case of corruption is a clear disapproval of one or more judges of
the decisions agreed upon by the majority of the judges who decide cases and is based on the
belief that an independent judge who is seen as a way to realize the independence of judges in our
opinion. Formulation of the problem is 1) Why do I have a difference of opinion (dissenting
opinion) among the judges in the panel discussion on corruption cases? 2) How do I judge to
resolve differences of opinion in regard corruption cases? 3) What are the implications of the
decision of a dissenting opinion connected with justice and justice for the defendant in a case of
corruption ?. This type of research is Sosioligis. Source data, Primary and Secondary Data. Data
collection techniques used were interviews and document study. Data were analyzed qualitatively.
Conclusion The results of the study 1) there are three factors that cause dissent (dissenting
opinion) that is a factor of confidence, feel more true and suspicion factor 2) How to judge resolve
differences of opinion in the Assembly that the Chairman of the Assembly meetings will be an
understanding, if not consensus tercapat then deliberation postponed to proceed with the next
deliberation and if consensus is not reached then the Chairman of the Assembly also would allow
judges dessenter make legal considerations alone 3) the implications of the decision dissenting
opinions can be favorable to the accused and can also harm the defendant himself.
Keywords : Dissenting Opinion, Resolution, Implications