Oligarch Domination of Reduced Penalties in Corruption Cases (Study of Case Decision No-14/PID. SUS-TPK/2021/PT DKI)

Abstract

The criminal act of corruption is the act of someone who abuses trust in a problem or organization to gain profit. This criminal act not only harms state finances but also constitutes a violation of the social and economic rights that exist in society. Corruption has a close relationship with power, because corruption can occur if someone has power. On the other hand, corruption can be a great means to gain power. Power can be defined as the ability possessed by an individual or group to influence other people. Power is found in many sectors, namely economics, politics, the environment and others. Power is the ability of a person or group to influence the behavior of other people, so that their behavior is in accordance with the wishes of the person or group who has power. Oligarchy is defined as the rule of a few people from an organizational group. Oligarchic actors have a basis of power over material wealth that is difficult to divide and equalize. The reach of the power of the oligarchic minority group is broad, systemic and difficult to break down or destroy so that it is able to survive in any form of government. Identification of problems in writing this law are (1) How does oligarchic power dominate the law enforcement of criminal acts of corruption; and (2) What is the influence of oligarchy on the judge's decision on reducing the sentence in the criminal act of corruption case number 14/PID.SUS-TPK/2021/PT DKI. This research is descriptive analytical, a normative type of research supported by empirical research, data collection was carried out using library research and field research methods, and data obtained from the research results was processed using qualitative methods. Concentration of power or ownership of authority is a factor in the formation of oligarchy. Factors that influence law enforcement include legal factors, law enforcement factors, means and facilities that support law enforcement, community factors and cultural factors. The consequences caused by corruption crimes cause slow economic growth in the country, decreased investment, increased poverty and increased income inequality. Corruption crimes committed by the influence of oligarchs' power exacerbate the impacts arising from corruption crimes themselves and make reflection on the implementation of law in Indonesia dull for the rulers. The Panel of Judges at the Appellate Level granted leniency in the form of reducing the prison sentence by 1 (one) year which had originally been determined by the Panel of Judges at the First Level.