INTELLECTUAL AWARENESS IN JUDEX JURIS CONTRADICTION AGAINST THE IRREGULARITY OF IUS CONSTITUTUM AND IUS CONSTITUENDUM

• Main Authors: Ahmad Heru ROMADHON, Wredha Danang WIDOYOKO
• Format: Article
• Language: English
• Published: Technopress 2019-12-01
• Series: Journal of Public Administration, Finance and Law
• Subjects: supreme court; bank indonesia liquidity;
• Online Access: http://www.jopafl.com/uploads/issue16/INTELLECTUAL_AWARENESS_IN_JUDEX_JURIS_CONTRADICTION_AGAINST_THE_IRREGULARITY_OF_IUS_CONSTITUTUM_AND_IUS_CONSTITUENDUM.pdf

This research will unmask the essence of a more comprehensive legal context by reviewing a Supreme Court (MA) ruling, Cassation Decision Number 1555 K/PID.SUS / 2019. The verdict is contradicted by ius contitutum and ius constituendum. The case that appealed against the alleged corruption with the issuance of the issuance of the BLBI Declaration Letter to the Indonesian National Trade Bank conducted by Syafruddin Arsyad Temenggung was acquitted by the judges of the Supreme Court, who had previously been sentenced to a high court criminal sentence of 13 years in prison and a fine of Rp. 700 million and 3-month confinement, which later sentenced Syafruddin to be increased to 15 years in prison and a fine of Rp.1 billion with 3 months subsidiary confinement on appeal. This research is classified as normative legal research, by inventorying primary and secondary legal materials as well as approaching legal concepts which are then drawn conclusions and presented theoretically. In this study it is more interesting that the Supreme Court judges are more likely to protect public officials from the bondage of the law.