TINJAUAN YURIDIS ALASAN PEMBERAT SANKSI PIDANA TERHADAP PEJABAT NEGARA DALAM TINDAK PIDANA KORUPSI SUAP (STUDI PUTUSAN NOMOR: 87/PID.SUS/TPK/2014/PN.BDG)

The purpose of this study is to analyze how the judge's legal considerations in case Number: 87/PID.SUS/TPK/2014/PN.Bdg and to find out whether the judge's legal considerations in deciding cases have fulfilled the element of ballast against officials who have committed criminal acts of corruption. bribes based on the Kema Principle. The research approach is a method or method of conducting research and the approach in this study uses a normative juridical approach. The results of the study indicate that the judge's legal considerations in imposing criminal sanctions on perpetrators of corruption are based on the demands of the Public Prosecutor and by considering the evidence presented in the trial, and the Judge has the right to assess the evidence submitted by the Public Prosecutor and also pay attention to the defense submitted by the Public Prosecutor. defendant's lawyer. In addition, it also considers the testimony of witnesses, expert testimony, letters, instructions and statements of the defendant. When viewed from the principle of certainty in the application of law, the judge has stated that the convict has violated Article 12 letter a of Law Number 31 of 1999 which has been amended by Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 in conjunction with Article 55 paragraph ( 1) 1st Criminal Code in conjunction with Article 64 paragraph (1) of the Criminal Code. Based on the principle of expediency, it can be seen that the judge's decision does not provide benefits to the community because in the application of the law the judge does not apply the ballast element in article 52 of the Criminal Code (KUHP). Based on the principle of justice, the results are very relative, because from the convict's point of view, justice is given because the judge in applying the law in the a quo case does not link the ballast elements in Article 52 of the Criminal Code