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All Journal Jurnal Cita Hukum
Milla Mudzalifah
Buana Perjuangan University of Karawang West Java, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Legal Analysis of Judges’ Reasoning in Cases Involving Corruption at Regionally-Owned Enterprises: A Case Study of Pd Petrogas Persada Karawang Muhamad Dasilva Alghiffari; Deny Guntara; Muhamad Abas; Milla Mudzalifah
Jurnal Cita Hukum Vol. 14 No. 1 (2026): Spring Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v14i1.54311

Abstract

This study examines two primary research questions: first, how corruption offenses are regulated under applicable laws in relation to the case of PT Petogras Persada, a Regional Government-Owned Enterprise (BUMD) in Karawang Regency; and second, how judges deliberated in sentencing at both the first-instance and appellate levels. This research employs a normative legal method with statute and case approaches. The findings reveal that the first-instance judicial panel applied Article 3 of the Anti-Corruption Law regarding abuse of authority under the subsidiary indictment. At this level, the defendant was sentenced to 2 years of imprisonment and required to pay substitute compensation amounting to IDR 5,145,224,363. Subsequently, the Bandung High Court increased the sentence to 4 years of imprisonment, which ultimately attained final and binding legal force (inkracht). The divergence in judicial deliberations between the two levels of adjudication reflects the dynamic application of sentencing theories, balancing individual considerations for the defendant against general preventive objectives in enforcing anti-corruption laws within regional state-owned enterprises. This study offers deep insights into the dynamics of judicial discretion and underscores the necessity of consistent legal reasoning to ensure justice and legal certainty in handling corruption cases involving segregated regional state assets.
Co-Authors Deny Guntara Muhamad Abas Muhamad Dasilva Alghiffari