Juliari Case 2

INTRODUCTION TO LEGAL SCIENCE
JULIARI CASE
RAHMA BENING SATITININGTYAS - 22410129
KANYA LOEMA AZZAHRADATRI - 22410117
SHAISTA NAJWA ALGANI - 22410727
LEGAL SUBSTANCY
The meaning legal substance is the output of the legal

system, in the form of regulations, decisions used by both
the regulating and regulated parties. Also, in substance it
also includes living law, not just the rules contained in law
books.
JUDGE'S DECISION
The judge's decision in this case was that Juliari proven to have received bribes related
to the procurement (pengadaan) of the Covid-19 social assistance of around Rp
32.482 billion. Juliari was also sentenced by the Jakarta Corruption Crime, namely 12
years imprisonment and a fine of Rp 500 million on August 23, 2021. The panel of
judges for corruption (tipikor) sentenced the formed social minister to 12 years in
prison and a fine of 500 million subsidiary 6 months in prison. The judge also required
Juliari to replace the amount of Rp 14,5 billion and the judge also revoked Juliari
political right to public office for 4 years after serving his main sentence.
JURISDICTION
(type of case examined and procedural law used)
The defendant is sentenced to 12 (twelve) years in prison and a fine of Rp

500 million with the provision that if the fine is not paid, it is replaced with
imprisonment for 6 months;
Imposing an additional penalty to the Defendant to pay compensation in

the amount of Rp 14 billion provided that if it is not paid, no later than 1
month after this case has permanent legal force, the convict's property is
confiscated to cover the loss to the state and if the property is not sufficient
to pay the replacement money, it is replaced with imprisonment for 2
years;
JURISDICTION
(type of case examined and procedural law used)
Imposing additional punishment to the Defendant in the form of revocation

of the right to be elected in public office for 4 (four) years after the
Defendant has finished serving the main sentence;
Determine that the Defendant remains in prison with the type of prison in
the Rumah Tahanan Negara;
Require the Defendant to pay court fees (biaya perkara) in the amount of
Rp 5,000.00 (five thousand rupiah).
ARTICLES THAT VIOLATE
Article 12 Letter A or Article 12 Letter B or Article 11 of Law

(UU) Number 31 of 1999 concerning eradication of Criminal
Acts of Corruption as amended by Law Number 20 of 2001
concerning eradication of Criminal Acts of Corruption jo
Article 55 Paragraph 1 to 1 of the Criminal Code.
Legal structure is an institution Structural legal system includes the
created by the legal system with number and type of courts, also the
various functions in order to support presence of a constitution. This
the operation of the system. It component makes it possible to see
consists of the institution how the legal system provides
themselves, the forms they take, and services for the cultivation of legal
the processes that they perform. materials on a regular basis.
STRUCTURAL LEGAL SYSTEM

STRUCTURAL LEGAL SYSTEM
The sentencing of corruption case

committed by Juliari Batubara was
the
decided at the Central Jakarta
District Court (Pengadilan Negeri
institution Jakarta Pusat Kelas IA Khusus),

specifically corruption court, on
August 23, 2021. Previously, KPK
had conducted a Sting Operation or
Operasi Tangkap Tangan (OTT)
against him eight months earlier on
4 to 5 December 2020.
LEGAL CULTURE ANYLSIS
There are 2 legal cultures:

2) External legal culture, namely the
1) Internal legal culture, namely the legal
legal culture that exist from the society.
culture of judges and lawyers or law
enforcement and institution in general. In Here, the society insult Mr. Juliari
this case, we discover that the internal Batubara. This insult that given by the
legal culture were exist. As an evidence; society is as an expression given by
The judge ease Juliari with the reason of them because of they didn't got
feeling guilty after Juliari got mocked "bansos” as it should. This kind of
(ejekan) by the society when he hasn't expression is normally happen in
proven as the defendant. Here the judge is Indonesia, and oftenly it doesn't affect
not objective. However, this was a social the judge to feel guilty.
sanction. So, we can conclude that this is
one of internal legal culture.
GROUP OPINION
In our opinion, as a neutral party we considered
the act of the judge that isn't objective. This
kind of attitude may not triggered other
corruptor to stop their act. Also, this may make
the society having negative persepective to the
law institution. Furthermore, we critisize or
suggest the judge in general to be more brave
in making deal in the law decision
(putusan) especially in this case that actually
corruption that conducted in urgent condition
should be given more sanction in between
forlife prison (seumur hidup) or death penalty.
In reason, it harm the society and also state at
that time are facing the pandemic (disaster).
source: https://youtu.be/75lJfR5a85E
SOURCES
https://www.cnbcindonesia.com/news/20210823144031-4-270499/tok-
hakim-vonis-bekas-mensos-juliari-batubara-bui-12-
tahun#:~:text=Hakim%20Vonis%20Bekas%20Mensos%20Juliari%20Batubara%2
0Bui%2012%20Tahun,-
Muhammad%20Iqbal%2C%20CNBC&text=Jakarta%2C%20CNBC%20Indonesia%
20%2D%20Bekas%20Menteri,pengadilan%20Tindak%20Pidana%20Korupsi%20Ja
karta.
https://nasional.kompas.com/read/2021/08/23/18010551/awal-mula-kasus-
korupsi-bansos-covid-19-yang-menjerat-juliari-hingga-divonis
https://putusan3.mahkamahagung.go.id/direktori/putusan/zaec32450d71e252
9bac313530313130.html
THANK YOU

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INTRODUCTION TO LEGAL SCIENCE

The meaning legal substance is the output of the legal

The defendant is sentenced to 12 (twelve) years in prison and a fine of Rp

Imposing an additional penalty to the Defendant to pay compensation in

Imposing additional punishment to the Defendant in the form of revocation

Article 12 Letter A or Article 12 Letter B or Article 11 of Law

STRUCTURAL LEGAL SYSTEM

The sentencing of corruption case

institution Jakarta Pusat Kelas IA Khusus),

There are 2 legal cultures:

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