Instructions as a means of proof and decision in the examination Criminal Act of Subsidized Fertilizer Corruption (Case Study Number 45 / Pid.Sus-TPK / 2016 / PN Smg)

Ardi Sanditya, Sri Endah Wahyuningish

Abstract


The Definitive Plan for Subsidized Fertilizer Needs (RDKK) is the first base for the formulation of subsidized fertilizer needs at the farmer group level. The fact that the planning and distribution of subsidized fertilizers up to the farmer level still contains serious problems and raises corruption-prone work areas. This journal aims to identify and explain the instructions as a means of proof and decision in the examination of the crime of subsidized fertilizer corruption. The method used in this paper is descriptive qualitative with a normative juridical approach. This study refers to the corruption case Number 45 / Pid.Sus-TPK / 2016 / PN Smg. In general, the narration of the case contains the defendants who committed the crime of subsidized fertilizer corruption, who were charged with the primair indictment Article 2 paragraph (1) jo Article 18 of Law No. 31 of 1999 as amended by Law No. 20 of 2001 in conjunction with Article 55 paragraph (1) 1 of the Criminal Code. The guideline is used as a means of proving and examining cases of subsidized fertilizer corruption cases having a scheme: (1) Compiling sources of evidence in the form of witness testimonies, letters and statements of the defendant (2) Interpreting the cues in the guidelines through the explanation of legislation related to the context of corruption, the view of legal experts, jurisprudence in the same case and (3) The panel of judges decides the case in accordance with the facts of investigation and trial so that the judge makes a decision of legal force, based on the match between the facts and the evidence in proving the elements contained in the charged article.
Keywords: instructions, evidence, corruption




DOI: http://dx.doi.org/10.30659/jdh.2.3.%25p

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