Disparitas Penjatuhan Pidana Terhadap Pelaku Usaha Yang Memperdagangkan Benih Jagung Bantuan Pemerintah (Studi Kasus Putusan Nomor 261/Pid.Sus/2019/PN Gpr, Putusan Nomor 262/Pid.Sus/2019/PN Gpr, Putusan Nomor 8/Pid.Sus/2021/PN Gpr)

Abstract

In Decision Number 261/Pid.Sus/2019/PN Gpr, Decision Number 262/Pid.Sus/2019/PN Gpr, and Decision Number 8/Pid.Sus/2021/PN Gpr, where the perpetrators are business actors who have committed criminal acts due to trade in goods and/or services that are designated as goods and/or services that are prohibited from being traded and violate Article 110 of Law Number 7 of 2014 concerning Trade. Of the three decisions, the sentencing is different, especially the size of the criminal sanction and the problem is what is the basis for the judge's sentencing in the three decisions resulting in a different sentence. This aims to find out the basis of punishment used by judges in deciding a case related to business actors trading Government goods, so that evaluation can be carried out in the future. So the approach used is the case approach by examining cases related to the issues at hand which have become court decisions. The results of the study show that of the three decisions there is disparity in criminal decisions because each panel of judges has differences in proving and fulfilling each element in the article based on the legal facts revealed in the trial. In addition, the Panel of Judges also used the evidence presented at the trial, especially the amount of maize seeds aided by the Government traded by business actors as a basis for sentencing. Then the Panel of Judges in the three decisions also used a non-juridical basis for sentencing based on the objectives of the sentencing and the aggravating and mitigating circumstances of the business actors. Therefore, this has led to differences in the punishment of business actors who trade corn seeds with the help of the Government.