Disparity of Judges' Decisions in the Application of Elements Damages to State Finances Criminal Act of Corruption

Abstract

Abstract. This study uses the theory of punishment, the theory of legal systems and progressive legal theory, the method of normative legal approach, the research specifications are descriptive analysis, the data sources consist of secondary data taken from primary legal materials, secondary legal materials, tertiary legal materials, data collection techniques through literature studies. The results of the study show that disparities in punishment are still often seen in the verdicts of judges' decisions. So it is necessary to reformulate articles 2 and 3 of the tipokr Law by considering several aspects including determining state financial losses, perpetrators are required to return state financial losses, making the best evidentiary system the main evidence. The weakness of the legal structure regarding the existence of Ad Hoc Judges in the Corruption Court at the Center and Regions has not been effective. The solution to this problem is that it is necessary to review the regulation on the formation of corruption courts at the district/city level. Supervision carried out by Law Enforcement Agencies is not yet optimal. The solution is that law enforcement agencies authorized to eradicate corruption and supervisory institutions must have adequate resources and independence in carrying out their duties. The weakness of the LHKPN examination by the KPK is not yet optimal. The solution is to strengthen the LHKPN examination mechanism by involving other institutions, for example the Inspectorate General of the Ministry (delegating the authority for initial analysis), then escalating to the KPK when action needs to be taken. The weakness of the legal substance consists of the element of state financial loss which is only regulated in Article 2 and Article 3, as well as the difference in meaning regarding state finances in various laws. The solution to this problem is that the DPR needs to renew the laws and regulations. The weakness of the legal culture which includes family culture, paternalistic orientation of society, and a culture of society that is less brave to be honest (non assertive) The solution is to provide outreach about the dangers of corrupt behavior.

Keywords: Decision; Disparity; Financial; Judge's.