ANALISIS PEMIDANAAN DALAM PUTUSAN PT JAKARTA PUSAT NO. 55/PID/TPK/2014/PT.DKI DIKAITKAN DENGAN KETENTUAN PIDANA MINIMUM KHUSUS DALAM PASAL 2 AYAT (1) UU PTPK

Abstract

The principle of legality is a form to guarantee of legal certainty for individuals and society. In this principle of legal, it has been also set about criminal act may not be sentenced without any rule that has been set before. For this reason, a principle must be set to decide each sentence inside several lawsuits. In fact, according to decision of second state court no. 55/Pid/TPK/2014/PT.DKI jo. the decision of first state court no. 36/Pid.Sus/TPK/2014/PN.Jkt.Pst from these two decisions about a criminal act of corruption, the judge has given criminal detention without pay any attention into principle of legality which has been specially set in the corruption law. Moreover, the case that will be analyze is related to special low punishment that has been arranged in article 2 verse (1) of corruption law. This research has used normative juridical approach. Then, the materials used in this research are primary legal materials and secondary legal materials. Furthermore, this analysis is using a method of deduction. for the results of these study and discussion, the conclusion of special punishment must be applied. From this conclusion, it is recommended to apply the principle of legality in each criminal detention