“STUDI KASUS PENJATUHAN PIDANA PADA GAYUS TAMBUNAN menurut PUTUSAN MA NO. 1198 K/Pid.Sus/2011”

Abstract

Corruption is a legal issue that has gained attention from various circles, nationally and internationally. This is due to the fact that corruption from time to time the flare would eventually endanger the stability and security of societies, endanger the economic and social development can damage the values of democracy and morality because eventually if left to act will be a culture. Corruption in Indonesia most twisted state officials are certain positions. Controversy decision Corruption cases seen from many independent disconnected or assumed by the lack of criminal defendants Corruption is not comparable to what they do. This final paper will comprehensively go deep into the concept of concourses realist that is emphasized in the system or concept of the punishment and also to find out whether The Supreme Court already gave the right decision or not, by giving 12 (twelve) years of immurement and amercement with the amount of Rp 500.000.000,00 (five million rupiah) toward Gayus Tambunan who had already done several criminal offenses know as concourses realist. The result of the research find out that the punishment given to Gayus Tambunan is too lenient. The Supreme Court, according to its Decision Number 1198K/Pid.Sus/2011 sentenced Gayus Tambunan with 12 (twelve) years of immurement and amercement with the amount of Rp 500.000.000,00 (five million rupiah), and if the amercement could not be paid, it would make Gayus Tambunan in the confinement of 6 (six) months. According to Article 65 verse (2) KUHP, The Supreme Court could sentence 20 (twenty) years of imprison and amercement with the amount of Rp 750.000.000,00 (seven hundred and fifty thousand million rupiah), and have to be considered that the impermanent imprison is 15 years, and because the criminal offences done by Gayus Tambunan is counted as the concourses realist, so the imprisonment will be 20 years and cannot be more than that.