Mengungkap Kekhilafan Hakim Dalam Memahami Sifat Baik dan Sifat Jahat Terdakwa dalam Putusan Nomor. 29/Pid.SusTpk/2021/PN.JKT.Pst (Studi Kasus Korupsi Bansos Juliari P.Batubara)

This study examines decision number 29/Pid.SusTpk/2021/PN.JKT.Ps which is a case of corruption in Covid-19social assistance by former Minister of Social Affairs Juliari Batu Bara. The focus of this research is to reveal how the judge considers the defendant's excuse for pardoning by considering the aspects of the defendant's good nature and evil nature as in the law that has regulated it, namely article 8 Paragraph (2) of Law of the Republic of Indonesia No. 48 of 2009 concerning Judicial Power. The judge considered the personal aspect of the defendant, especially in the case regarding the mitigating reasons stating that the defendant experienced suffering in the social sphere in accordance with the content of the verdict. As well as its relevance to the fulfillment of the principles of justice, legal certainty, and legal benefits in the decision. The research method used is normative juridical with a case study approach. Data obtained through a literature study of decision documents, related laws and regulations, legal literature, The result of this study is that the crime of corruption, which is categorized as an extraordinary crime, should be understood proportionately by the judge in imposing mitigating considerations. In Decision Number 29/Pid.Sus-Tpk/2021/PN.Jkt.Pst, the reason for mitigating in the form of insults and insults from the public is considered irrelevant, because the social consequences are indeed worthy of being accepted by the perpetrator, considering the severity of the crime committed, especially in a crisis situation due to the Covid-19 pandemic. With the results of the verdict that bring contradictions within the scope of the community and activists and legal experts, it shows that the judge has not succeeded in implicating values, especially justice and the usefulness of the law in his decision.