Legal analysis of criminal liability for corruption From the perspective of justice (Study of Decision Number: 22/PID.SUS-TPK/2019/PN PTK)

Abstract

Corruption occurs systematically and widely, not only harming the country's finances and economy, but also constitutes a violation of the social and economic rights of the community at large, so that it is classified as an extraordinary crime so that its eradication must be carried out in an extraordinary way. The purpose of writing this research is to determine the criminal liability for corruption in Decision Number: 22/Pid.Sus-TPK/2019/PN Ptk. and to find out the Judge's considerations in passing a verdict against the perpetrator of corruption in Decision Number: 22/Pid.Sus-TPK/2019/PN Ptk from the perspective of justice. The research approach used in this study is through a normative legal approach using secondary data obtained through literature studies, then data analysis is carried out using qualitative descriptive analysis. Based on the results of the study, in the decision Number: 22 / Pid.Sus-TPK / 2019 / PN Ptk, the defendant has committed a criminal act of corruption of village funds and has harmed state finances in this case the Nanga Ella Hulu Village Government worth Rp. 830,913,706.00 Defendant Suharman has fulfilled the value of criminal responsibility because the defendant has committed a prohibited act in accordance with Article 3 Jo. Article 18 of Law No. 20 of 2001 concerning amendments to Law No. 31 of 1999 concerning the Eradication of Corruption. Then the Panel of Judges sentenced him to 3 (three) years in prison and a fine of Rp. 50,000,000.00 (fifty million rupiah) with the provision that if the Defendant does not pay the fine, it will be replaced with imprisonment for 3 (three) months. Imposing an additional penalty on the Defendant Suharman to pay compensation of Rp. 830,913,706.00 (eight hundred thirty million nine hundred thirteen thousand seven hundred and six rupiah) with the provision that if the compensation is not paid within a maximum of 1 (one) month after this decision and has permanent legal force, then the Defendant's assets will be confiscated and auctioned to cover the compensation and if the defendant's assets are insufficient, it will be replaced with imprisonment for 2 (two) years by considering legal considerations, facts in the trial, witness statements, existing evidence, the Judge's conviction and things that support the criminal sanctions imposed.