DISPARITAS SANKSI PIDANA TERHADAP TINDAK PIDANA KORUPSI YANG DILAKUKAN SECARA BERSAMA-SAMA ANTARA PENYELENGGARA NEGARA DAN PIHAK SWASTA

This study aims to determine the disparity of criminal sanctions against criminal acts of corruption committed by state officials and private parties carried out jointly. This research was carried out in the City of Serang, Banten Province, specifically in the Corruption Court at the Serang District Court by obtaining verdict data. Furthermore, the data obtained are analyzed qualitatively then described descriptively, which describes according to the problem then draws conclusions to determine the results. The results of the study indicate that: ( 1 ) The application of material criminal law to the two perpetrators of corruption is using Article 3 of the Corruption Law. Likewise, Article 55 paragraph 1 of the first Criminal Code is appropriately applied to this case because the acts are carried out jointly. ( 2 ) Whereas Article 18 of the Corruption Law is only fulfilled by the defendant of the private sector because it has been proven to enjoy the proceeds of corruption, the state administrators are not fulfilled because they have not been proven to enjoy the results. This is a consideration of the judge in the ruling, so that there is a disparity in criminal sanctions between state administrators and the private sector.

1.  UEU-Article-12518-05_0074.pdf - 493 KB