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