ANALISIS PUTUSAN BEBAS PELAKU TINDAK PIDANA KORUPSI BANTUAN LIKUIDITAS BANK INDONESIA (BLBI) (TINJAUAN YURIDIS PUTUSAN MA No. 1555 K/Pid.Sus/2019)

Syahrul Ramadhan, . (2021) ANALISIS PUTUSAN BEBAS PELAKU TINDAK PIDANA KORUPSI BANTUAN LIKUIDITAS BANK INDONESIA (BLBI) (TINJAUAN YURIDIS PUTUSAN MA No. 1555 K/Pid.Sus/2019). Tesis thesis, Universitas Pembangunan Nasional Veteran Jakarta.

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Abstract

This study aims to identify and explain the consideration of the cassation judge against the perpetrators of the crime of corruption in Bank Indonesia Liquidity Assistance according to positive law in Indonesia. Or to find out and explain the legal interpretation of cassation judges from the perspective of freedom of action against perpetrators of corruption in Indonesia. And to find out and explain how the cassation judge interprets the law and provides the best judgment in deciding the punishment for corruption involving government officials. The theories used are the theory of freedom of action, Hans Kelsen's theory of justice, and John Rawls's theory of justice. The research method used is a normative legal method with a qualitative approach. The results of the research, the legal considerations of the cassation judge seen from the freedom of discretion (beleidsvrijheid) have shown that the actions committed by the defendant as Chairman of IBRA where IBRA is a government organ formed based on Government Regulation Number 17 of 1999 concerning the National Bank Restructuring Agency to provide legal certainty to the debtor, then the defendant as the Chairman of IBRA has the freedom to (not) use the discretionary power which has been completed with the conditions for the defendant as Chairman of IBRA to legally be fulfilled in order to resolve BLBI problems with a fast, precise resolution procedure, without causing monetary impact or monetary crisis, namely out of court settlement and carrying out orders from the KKSK as its superior. The conclusion is that the actions of the defendant in carrying out his obligations and authorities as Chairman of IBRA for the 2002-2004 period have been proven to have been committed by the defendant as charged by the KPK Public Prosecutor. However, there is a legal misinterpretation of the Government Regulation concerning IBRA is inseparable from the Banking Law, the mistake in assessing the defendant's actions in issuing a Settlement Certificate is considered a personal act, the mistake in applying the State Treasury Law as the legal basis for laying down the Certificate of Settlement, the mistake of determining The time the state loss occurs is calculated not at the time the Certificate was issued in full and not at the time the defendant ceases as Chairman of IBRA and also not when IBRA is declared dissolved on April 30, 2004.

Item Type: Thesis (Tesis)
Additional Information: [No. Panggil : 1810622041] [Ketua Penguji : Beniharmoni Harefa] [Penguji 1 : Agus Surono] [Penguji 2 : Handoyo Prasetyo]
Uncontrolled Keywords: corruption, acquittal
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Program Studi Hukum (S2)
Depositing User: Syahrul Ramadhan
Date Deposited: 10 May 2021 04:25
Last Modified: 10 May 2021 04:25
URI: http://repository.upnvj.ac.id/id/eprint/10473

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