Implementation of Absentia Trials in Corruption Cases

The settlement of a case should present the defendant in court, but in In Absentia trials, especially regarding corruption cases, can be carried out even without the presence of the defendant. This study aims to find out the legal regulations in absentia regarding Corruption and the judge's considerations in deciding cases in absentia against corruption cases number 71 / Pid.Sus-TPK / 2022 / PN MDN. This study uses a normative legal research method, namely legal research carried out by reviewing legal library materials and secondary data. In Absentia regulations are contained in Article 38 paragraph (1) of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption. In absentia trials against corruption cases are not only to create a deterrent effect but also to save state assets. One of the things that plays a role as a basis for judges' considerations in deciding cases In Absentia against corruption is to review the aggravating and mitigating conditions for the perpetrator. One of the aggravating conditions in this In Absentia case is that the perpetrator is not cooperative and runs away from the legal process that ensnares him.

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Publication Details

Journal
Formosa Journal of Multidisciplinary Research
Published
2025-03-07
DOI
https://doi.org/10.55927/fjmr.v4i3.94
Primary Topic
Corruption and Economic Development
Type
article
Field-Weighted Citation Impact
0.00
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article

Implementation of Absentia Trials in Corruption Cases

Roida Nababan, July Esther, Natal Gurning
Formosa Journal of Multidisciplinary Research
Corruption and Economic Development
article

Implementation of Absentia Trials in Corruption Cases

Roida Nababan, July Esther, Natal Gurning
article en

Abstract

The settlement of a case should present the defendant in court, but in In Absentia trials, especially regarding corruption cases, can be carried out even without the presence of the defendant. This study aims to find out the legal regulations in absentia regarding Corruption and the judge's considerations in deciding cases in absentia against corruption cases number 71 / Pid.Sus-TPK / 2022 / PN MDN. This study uses a normative legal research method, namely legal research carried out by reviewing legal library materials and secondary data. In Absentia regulations are contained in Article 38 paragraph (1) of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption. In absentia trials against corruption cases are not only to create a deterrent effect but also to save state assets. One of the things that plays a role as a basis for judges' considerations in deciding cases In Absentia against corruption is to review the aggravating and mitigating conditions for the perpetrator. One of the aggravating conditions in this In Absentia case is that the perpetrator is not cooperative and runs away from the legal process that ensnares him.

Formosa Journal of Multidisciplinary ResearchVol. 4(3)
University of HKBP Nommensen (ID)
Openalex Percentile: Top 91%
Corruption and Economic Development
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