ANALYSIS OF JUDGES' CONSIDERATIONS WHEN IMPOSING PENALTIES ON PERPETRATORS OF CORRUPTION CRIMES WHERE RETURNING STATE FINANCIAL LOSSES

Abstract

Corruption is an extraordinary crime that causes losses to state finances and hinders national development. The return of state financial losses by corrupt perpetrators is often used as one of the judges' considerations in imposing a crime, but the return does not remove the criminal liability of the perpetrator. The problem in this study is how the judge considers the crime against the perpetrators of corruption crimes with the return of state financial losses in Decision Number 15/Pid.Sus-TPK/2023/PN Tjk and the factors that cause the perpetrators to commit corruption crimes. This study uses normative and empirical juridical methods with a legislative approach and a case approach. Data was obtained through literature studies and interviews, then analyzed qualitatively. The results of the study show that the judge's consideration in the verdict is in accordance with the judge's theory of consideration according to Mackenzie because it considers the juridical aspects, the facts of the trial, the evidence, as well as the circumstances that aggravate and mitigate the defendant, including the return of state financial losses. The factors that cause corruption crimes are influenced by abuse of office, weak supervision, low moral integrity, and opportunities to obtain personal profits. Thus, the return of state losses is only a factor that mitigates the crime, not the criminal removal of the perpetrators of corruption.