The Basis of Judicial Considerations in The Discussion of Criminal Disparity of Sentencing to Cases of Criminal Corruption Connected with Law No 31 of 1999 on Criminal Action of Corruption

Abstract

Criminal disparity is the application of different punishment sanctions to the same case without a clear justification. The criminal act of corruption is regulated in Law no. 31 Year 1999 and has become a serious problem from year to year since so long, where the eradication of crime can not be handled properly although gradually the Corruption Eradication Commission can overcome the problem. Criminal acts of corruption can be done anyone anywhere and anytime the act is influenced by the internal and external factors of the subject. Research conducted by the author through the method of juridical normative and juridical empirical approach. Secondary data is obtained from literature research through literature books, legislation, official documents, and so on. Primary data obtained directly from the field research by conducting interviews with resource persons. Based on the results of research and discussion can be concluded that the reasons and judges' consideration of the occurrence of criminal disparity in a case of corruption is nothing else caused by the law itself comes from judges and perceptions. And, in this writing the author paste things that can be minimized by the judge to avoid criminal disparity in the future.