PRINSIP PENERAPAN ASAS KESETARAAN (EQUALITY BEFORE THE LAW) DALAM PROSES PERADILAN PIDANA YANG MELIBATKAN PENEGAK HUKUM SEBAGAI PELAKU (STUDI KASUS PUTUSAN NOMOR:87/PID.B/2017/PN.MJK DAN PUTUSAN NOMOR:1319/PID.B/2014/PN.MAKASSAR)

The law is always used as a foundation in all activities of the state and society. Indonesia is a law state that applies the principle of equality before the law. This principle guarantees the equality of everyone before the law. In practice this principle does not discriminate between people or everyone is treated equally before the law. In criminal law in accordance with the Indonesian constitution requires the principle of equality before the law in order to create justice. In this study conducted to determine the judge's consideration and legal considerations in order to create equality before the law equality. To find out the application of the equality principle of equality before the law the writer took a case study of decision number: 87 / Pid.B / 2017 / PN.MJK and Decision Number: 1319 / Pid.B / 2014 / PN.Makassar which has almost the same case, namely the distribution of photos porn photos through electronic media. The difference is in the legal subject, namely the perpetrators with the status of working as civil servants (PNS) and private employees. From the results of research conducted by the author that the decision number: 87 / Pid.B / 2017 / PN.MJK and Decision Number: 1319 / Pid.B / 2014 / PN.Makassar already contains the elements contained in Article 45 paragraph (1 ) Law Number 11 Year 2008 concerning ITE. The author concludes that equality before the law has been done in the application of criminal law and criminal sanctions in cases of spreading pornographic photos through electronic media because it is in accordance with applicable rules or norms