PERANAN PERMA NO. 1 TAHUN 2020 TENTANG PEDOMAN PEMIDANAAN PASAL 2 DAN PASAL 3 UNDANG-UNDANG PEMBERANTASAN TINDAK PIDANA KORUPSI DALAM RANGKA MENANGGULANGI DISPARITAS PEMIDANAAN

Abstract

The Supreme Court has enacted its Regulation Number 1 Year 2020 regarding the Sentencing Guidelines on Articles 2 and 3 of the Anti-Corruption Law (PERMA No.1/2020), in which, one of its objectives is to avoid or overcome the disparity of sentencing problemcaused by orimposed throughthe court’s decisions, particularly, in corruption cases having similar characters. PERMA No.1/2020 constitutes the new law development in connection with the sentencing guidelines, and directly affects the twomain sourcesof sentencing disparity problems, i.e.the law/regulation and judge factors. Therefore,this PERMA No.1/2020 has two main important roles. Firstly,it provides the interpretation and improvement on the formulation of articles 2 and 3 of the Anti-Corruption Law, by stipulating and quantifying, among others,  the category of state loss along with state economic loss, andthe scale of the minimum and maximum sentence elements as determined in those articles. Secondly, it provides the judges with the guidelines which have to be applied by them in the court proceedings, and this regulation will not be contrary with their independency.Furthermore, it is expected that this PERMA No.1/2020 will beableto support and achieve the equal treatment for the offenders, uniformity of judge’s opinion, as well as, the uniforminity in the implementation of laws andconsistency of the court verdicts in connection with the law enforment processes as a whole.