Kebebasan Hakim Dalam Penjatuhan Pidana Korupsi Dikaitkan Dengan Surat Edaran Mahkamah Agung Nomor 3 Tahun 2018

(1) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(2) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(3) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia

Abstract
Introduction: Judges must be free to conduct legal considerations, and feel confident in what they are trying, so that they can impose sentences according to their beliefs and are supported by two pieces of evidence, but the Circular Letter of the Supreme Court Number 3 of 2018, limits judges in making decisions.
Purposes of the Research: To analyze and discuss the freedom of judges in making decisions on a criminal act, as well as analyze and discuss the freedom of judges associated with the Circular Letter of the Supreme Court Number 3 of 2018 in criminal acts of corruption.
Methods of the Research: The research is normative juridical, using primary and secondary legal materials.
Results of the Research: From the results Based on the results of the research, it was found that the Circular Letter of the Supreme Court Number 3 of 2018 binds judges to, and restricts judges from making decisions, but there are judges who follow this circular letter and some do not follow the circular letter, according to with the amount of state losses arising from the corruption committed.Keywords
DOI
10.47268/tatohi.v1i7.664
Published
2021-10-30
How To Cite
@article{TATOHI664, author = {Hamdi Pune and Elsa Toule and Erwin Ubwarin}, title = {Kebebasan Hakim Dalam Penjatuhan Pidana Korupsi Dikaitkan Dengan Surat Edaran Mahkamah Agung Nomor 3 Tahun 2018}, journal = {TATOHI: Jurnal Ilmu Hukum}, volume = {1}, number = {7}, year = {2021}, keywords = {Judge Freedom; Judgment; Criminal.}, abstract = {Introduction: Judges must be free to conduct legal considerations, and feel confident in what they are trying, so that they can impose sentences according to their beliefs and are supported by two pieces of evidence, but the Circular Letter of the Supreme Court Number 3 of 2018, limits judges in making decisions.Purposes of the Research: To analyze and discuss the freedom of judges in making decisions on a criminal act, as well as analyze and discuss the freedom of judges associated with the Circular Letter of the Supreme Court Number 3 of 2018 in criminal acts of corruption.Methods of the Research: The research is normative juridical, using primary and secondary legal materials.Results of the Research: From the results Based on the results of the research, it was found that the Circular Letter of the Supreme Court Number 3 of 2018 binds judges to, and restricts judges from making decisions, but there are judges who follow this circular letter and some do not follow the circular letter, according to with the amount of state losses arising from the corruption committed.}, issn = {2775-619X}, pages = {691--696} doi = {10.47268/tatohi.v1i7.664}, url = {https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/664} }
Adji, Oemar Seno. Peradilan Bebas Negara Hukum. Jakarta: Erlangga, 1980.
Marzuki, Peter Mahmud. Penelitian Hukum,. Jakarta: Kencana, 2016. https://doi.org/340.072.
Muhammad Fasabeni, SEMA tak sejalan dan Lemah Melawan Putusan MK, http://www.gresnews.com/berita/hukum/191101-sematak-sejalan-dan-lemah-melawan-putusan-mk/0/, gresnews
Suyatno. Korupsi Kolusi Dan Nepotisme. Bandung: Alumni, 1983.
Toule, Elsa R M. "Eksistensi Ancaman Pidana Mati Dalam Undang-Undang Tindak Pidana Korupsi." Jurnal Hukum Prioris 3, no. 3 (2013): 103-10. https://trijurnal.lemlit.trisakti.ac.id/prioris/article/view/370.
Ubwarin, Erwin. "Disparitas Putusan Peradilan Negeri Dalam Penjatuhan Sanksi Pidana Terhadap Pelaku Illegal Mining Batu Cinnabar." Bacarita Law Journal 1, no. 1 (2020): 38-53.
Ubwarin, Erwin, and Yonna Betrix Salamor. "Mekanisme Pengembalian Kerugian Negara Oleh Terpidana Yang Meninggal Dunia Pasca Putusan Mahkamah Konstitusi Nomor 25/PUU-Xiv/2016." Urnal Muara Ilmu Sosial, Humaniora, Dan Seni 1, no. 1 (2017): 51-57. https://doi.org/10.24912/jmishumsen.v1i1.334.
https://doi.org/10.24912/jmishumsen.v1i1.334
Dublin Core | PKP Metadata Items | Metadata for this Document | |
1. | Title | Title of document | Kebebasan Hakim Dalam Penjatuhan Pidana Korupsi Dikaitkan Dengan Surat Edaran Mahkamah Agung Nomor 3 Tahun 2018 |
2. | Creator | Author's name, affiliation, country | Hamdi Pune; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
2. | Creator | Author's name, affiliation, country | Elsa Rina Maya Toule; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
2. | Creator | Author's name, affiliation, country | Erwin Ubwarin; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
3. | Subject | Discipline(s) | |
3. | Subject | Keyword(s) | Judge Freedom; Judgment; Criminal. |
4. | Description | Abstract | Introduction: Judges must be free to conduct legal considerations, and feel confident in what they are trying, so that they can impose sentences according to their beliefs and are supported by two pieces of evidence, but the Circular Letter of the Supreme Court Number 3 of 2018, limits judges in making decisions.Purposes of the Research: To analyze and discuss the freedom of judges in making decisions on a criminal act, as well as analyze and discuss the freedom of judges associated with the Circular Letter of the Supreme Court Number 3 of 2018 in criminal acts of corruption.Methods of the Research: The research is normative juridical, using primary and secondary legal materials.Results of the Research: From the results Based on the results of the research, it was found that the Circular Letter of the Supreme Court Number 3 of 2018 binds judges to, and restricts judges from making decisions, but there are judges who follow this circular letter and some do not follow the circular letter, according to with the amount of state losses arising from the corruption committed. |
5. | Publisher | Organizing agency, location | Faculty of Law Pattimura University |
6. | Contributor | Sponsor(s) | |
7. | Date | (YYYY-MM-DD) | 2021-10-30 |
8. | Type | Status & genre | Peer-reviewed Article |
8. | Type | Type | |
9. | Format | File format | |
10. | Identifier | Uniform Resource Identifier | https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/664 |
10. | Identifier | Digital Object Identifier | 10.47268/tatohi.v1i7.664 |
11. | Source | Title; vol., no. (year) | TATOHI: Jurnal Ilmu Hukum; Vol 1, No 7 (2021): Volume 1 Nomor 7, September 2021 |
12. | Language | English=en | en |
13. | Relation | Supp. Files | |
14. | Coverage | Geo-spatial location, chronological period, research sample (gender, age, etc.) | |
15. | Rights | Copyright and permissions | Copyright: Authors who publish their manuscripts in this Journal agree to the following conditions: 1. The copyright in each article belongs to the author, as well as the right to patent. 2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal. 3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work. 4. Authors have the right to self-archiving of the article (Author Self-Archiving Policy)
Licence : TATOHI: Jurnal Ilmu Hukum is disseminated based on the Creative Commons Attribution-NonCommercial 4.0 International license terms. This license allows anyone to copy and redistribute this material in any form or format, compose, modify, and make derivatives of this material for any purpose. You cannot use this material for commercial purposes. You must specify an appropriate name, include a link to the license, and certify that any changes have been made. You can do this in a way that is appropriate but does not imply that the licensor supports you or your use.
|
Refbacks
- There are currently no refbacks.
Copyright (c) 2021 Hamdi Pune, Elsa Rina Maya Toule, Erwin Ubwarin

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.