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All Journal Petitum Law Journal
Rudepel Petrus Leo
Faculty of Law, Nusa Cendana University
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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SEBAB-SEBAB DAN UPAYA HUKUM DISKRIMINATIF DALAM KASUS KORUPSI TERHADAP PUTUSAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR 2573 K/Pid.Sus/2021 SERTA NOMOR 2451 K/ Pid.Sus/2021 Maria Oktaviani Padur; Aksi Sinurat; Rudepel Petrus Leo
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.22750

Abstract

In practice, judicial decisions in corruption cases often reflect discriminatory patterns in sentencing. This study aims to determine and analyze the causal factors or reasons for criminal discrimination in corruption cases Number 2573 K/Pid.Sus/2021 and Number 2451 K/Pid.Sus/2021 at the Supreme Court of the Republic of Indonesia, and to analyze the legal efforts that can be taken by the Public Prosecutor for criminal discrimination in corruption cases Number 2573 K/Pid.Sus/2021 and Number 2451 K/Pid.Sus/2021 at the Supreme Court of the Republic of Indonesia. This study seeks to explore the underlying causes and legal solutions for the presence of discriminatory sentencing in corruption cases. Employing an empirical juridical research approach, data were collected through interviews and literature reviews, then analyzed qualitatively. The findings indicate that the causes of discriminatory sentencing in corruption cases stem from both legal and judicial factors. Thomas More and Jonas Salean were charged together for the same act of transferring and distributing state land without legal basis. However, the difference in the legal fate of Thomas More, who was imprisoned for 8 years, and Jonas Salean was acquitted, raises an indication of criminal discrimination because the difference in treatment is not based on differences that are legally relevant.
PERTANGGUNGJAWABAN PIDANA PELAKU KLEPTOMANIA: KAJIAN KUHP DAN UNDANG-UNDANG KESEHATAN DALAM KASUS PILOT WINGS AIR Surya Kurnia Kale Mira; Rudepel Petrus Leo; Bhisa Vitus Wilhelmus
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.23060

Abstract

This study found that although the Indonesian Penal Code, particularly Article 44, allows for the exclusion of criminal liability for individuals with mental disorders, its practical application by the courts remains inconsistent. In the case involving a Wings Air pilot diagnosed with kleptomania—a psychiatric condition marked by an uncontrollable urge to steal—the court still imposed a criminal sentence. This was despite medical assessments indicating that the disorder could impair the individual’s mental capacity to form criminal intent (mens rea). Such a judicial outcome reveals a gap between the legal framework and its enforcement, where medical evaluations are not fully integrated into legal reasoning. The Health Law, which outlines more precise criteria for assessing mental health conditions, is not yet optimally utilized in legal proceedings. Therefore, the case underscores the need for a more cohesive interplay between legal principles and medical insight to ensure a fair and substantively just legal process for offenders with psychiatric conditions.
Co-Authors Bhisa Vitus Wilhelmus Maria Oktaviani Padur Sinurat, Aksi Surya Kurnia Kale Mira