Diskriminasi Pertanggungjawaban Pidana Korupsi MTQ XXII Tahun 2008 (Studi Kasus di Kota Singkawang) Discrimination Criminal Liability In Case Of Corruption MTQ XXII Year 2008 (Case Study In Singkawang)

摘要

This study addresses the issue of Discrimination Criminal Liability In Case of Corruption MTQ XXII Year 2008 (Case Study in Singkawang) Corruption Court ruling in Pontianak District Court Case Number: 44 / Pid.Sus / TP.Korupsi / 2014 / PN.PTK. Prosecution indictment is not based on facts and discrimination assign only one person while the defendants indicted act that involves several people. According to the theory of criminal responsibility and participation in a criminal act, the legal relationship between them should be sought to determine the perpetrators to be punished. In addition, more favorable consideration of the judgeand the public prosecutor did not consider the facts in the trial and the defense of the accused.Based on the analysis of Corruption case verdict MTQ XXII in 2008 we concluded that should the accused in this case not only Dra.Hj.Lies Indari but there are others and there has been discrimination in the indictment Public Prosecutor. The judge did not consider the facts at the hearing and did not investigate further the defense of the accused before determining criminal liability.