In criminal acts of corruption (Tipikor) judges have guidelines in making decisions to impose criminal penalties for corruption cases. Guidelines for the Criminalization of Criminal Acts of Corruption refer to Supreme Court Regulation No. 1 of 2020 concerning Guidelines for the Criminalization of Article 2 and Article 3 of the Law on the Eradication of Criminal Acts of corruption (“PERMA 1/2020”). That every criminal conviction must be carried out with due observance of certainty and proportionate sentencing in order to achieve justice based on Pancasila and the 1945 Constitution of the Republic of Indonesia and to avoid disparities in cases having a similar character, so that punishment guidelines are needed for criminal acts of corruption. The judge's decision will always be different in corruption cases because it depends on several factors that determine the severity or lightness of the sentence given. These factors are, the first is the category of state financial losses or the country's economy, and the second is the level of error, impact, and profit. The judge must also describe the facts revealed in the trial regarding this corruption case in the form of a narrative in the consideration of his decision. Guidance on sentencing in PERMA 1 /2020 aims to facilitate judges in adjudicating criminal cases, to realize legal certainty, justice, and proportional benefits in imposing crimes against corruption cases, and to prevent differences in the range of criminal penalties for cases of corruption (Tipikor) which have similar characteristics without being accompanied by sufficient consideration without reducing the authority and independence of the Judge.
A. Categorization of State Losses
For example, explaining the stages of consideration relating to state losses suffered as a result of corruption in Articles 2 and 3 of the Anti-Corruption Law. In the case of adjudicating criminal cases under Article 2 of the Corruption Law, state financial losses or the state's economy are divided into 4 categories as follows:
1. the most severe category, more than Rp100 billion;
2. heavy category, more than IDR 25 billion – IDR 100 billion;
3. medium category, more than IDR 1 billion – IDR 25 billion; and
4. light category, more than IDR 200 million – IDR 1 billion.
In the case of adjudicating criminal cases in Article 3 of the Corruption Law, state financial losses or the state's economy are divided into 5 categories as follows:
1. the most severe category, more than Rp. 100 billion;
2. heavy category, more than IDR 25 billion – IDR 100 billion;
3. medium category, more than IDR 1 billion – IDR 25 billion;
