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Journal : COMPENDIUM OF JUDGE MADE LAW

Application Of Primum Remedium Principle in Corruption Criminal Acts In Decision (Number 46/Pid.Sus.TPK/2024/PN Mks) Wirayudha, Budhi; Marsuni, Lauddin; Assaad, Andi Istiqlal
COMPENDIUM OF JUDGE MADE LAW Vol. 1 No. 1 (2025): Compendium of Judge Made Law
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/2y3b6s15

Abstract

This study aims to find out two things, namely the first to find out the legal considerations of the Panel of Judges in applying the primum remedium principle in decision Number 46 / Pid.Sus.TPK / 2024 / PN Mks and the second to find out the application of the Primum Remedium Principle in Corruption Crimes in Decision Case Number 46 / Pid.Sus.TPK / 2024 / PN Mks has met the legal objectives. The method in this study is to use normative legal research, the type of research is carried out by studying the laws and regulations in society related to the problems that the author is studying. The results of the study revealed that the legal considerations by the Panel of Judges in decision number 46 / Pid.SUS.TPK / 2024 / PN.Mks, have applied the primum remedium principle by imposing imprisonment and additional compensation in the form of compensation commensurate with state losses. Although this case meets the requirements for applying a restorative justice approach because the value of state losses is relatively small. Apart from this controversy, the Judge's considerations in the decision are in accordance with applicable legal regulations. ²The application of the primum remedium principle in Decision Number 46/Pid.Sus.TPK/2024/PN Mks has attempted to fulfill the three objectives of the law, namely the aspect of justice, the aspect of legal certainty, and the aspect of benefit. However, in the decision, the Panel of Judges prioritized legal certainty over justice and benefit. This can be seen from the decision to impose a 1-year prison sentence and a replacement fee of IDR 50,000,000, which shows the firmness in the application of the sentence. However, in terms of justice and benefit, there is still room for improvement, especially related to the impact of prevention and deterrent effects on future corruption crimes. The recommendation or suggestion given by the author is that the prosecutor's office in this decision needs to review the application of the SE Attorney General for Special Crimes Number B1113/F/Fd.1/05/2010 for corruption cases with small state losses, by considering the efficiency of case handling costs and the effectiveness of recovering state losses. For the Panel of Judges in handing down a verdict on corruption crimes, it is best to consider the balance between the three aspects of legal objectives (justice, legal certainty, and benefit) to achieve maximum deterrent effect.
Contempt of Court in Judicial Practice Zul Abdi, Muhammad Iqbal; Assaad, Andi Istiqlal; Cindrapole, Andi Cakra
COMPENDIUM OF JUDGE MADE LAW Vol. 1 No. 2 (2025): Compendium of Judge Made Law
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/h2wxhm39

Abstract

This study aims to determine and analyze the forms of contempt that can be categorized as contempt of court in the legal perspective in Indonesia. To determine and analyze the legal basis that regulates contempt of court in the legal system in Indonesia. This study uses the research method used is the Normative research method, namely a legal research method that is sourced from regulatory and secondary document data in the form of collection from library and tertiary materials which are documents containing concepts and information such as dictionaries. The results of this study indicate that 1) Contempt of court is a form of violation of the honor, dignity, and authority of the court, whether carried out inside or outside the courtroom, which can hinder the judicial process and damage public confidence in the judicial system. Enforcement of contempt of court is important to protect the authority and dignity of the judicial institution, so that the court can carry out its judicial functions fairly, without pressure or interference from any party. This act can be a real action or a statement delivered inside or outside the court that can affect the course of the trial or legal process. The act of contempt of court is regulated in statutory regulations, 2) although there are no rules that specifically regulate it, several articles in the Criminal Code regulate the issue of contempt of court such as articles 207, 217, 224 and so on. This research recommendation states that there is a need for more stringent and detailed regulations in the law regarding contempt of court, so that there is legal certainty in taking action against violations of the dignity and authority of the court.