Analysis of Criminal Responsibility for Perpetrators of Village Fund Corruption (Decision Study: 67/Pid.Sus-Tpk/2025/Pt Sby)

Abstract

Indonesia, as a state based on the rule of law grounded in Pancasila and the 1945 Constitution, continues to face the detrimental impacts of village-fund corruption, which undermines governmental governance and obstructs the realization of social welfare objectives. The complexity of Village Fund misuse, as reflected in Decision No. 67/Pid.Sus-TPK/2025/PT SBY, illustrates the fragility of village-level integrity, thereby necessitating a focused analysis on the criminal liability of offenders to strengthen criminal law policies in Village Fund management. This research aims to analyze the criminal liability of perpetrators of Village Fund corruption and to examine the judicial considerations in imposing sentences on offenders involved in Village Fund corruption cases. The methodology applied in the preparation of this thesis is Normative Legal Research. The research specification is descriptive-analytical. Theories employed include the Theory of Criminal Liability and the Theory of Punishment. The results of this research show that the criminal liability of the perpetrators of Village Fund corruption in Decision No. 67/Pid.Sus-TPK/2025/PT SBY demonstrates that all elements of fault under criminal law doctrine were fulfilled by the defendant, DW. As the Head of Crabak Village, DW consciously abused his authority by personally controlling the disbursement and use of Village Funds, sidelining the roles of the treasurer and the Village Activity Management Team (TPK), preparing fictitious accountability reports supported by fake invoices and supplier identities, and carrying out mark-ups and fictitious activities, which resulted in state financial losses amounting to IDR 343,800,596.60. DW possessed criminal responsibility capacity as an adult who was mentally and physically sound and fully understood the functions of his office; his actions constituted unlawful conduct carried out intentionally (dolus) rather than mere administrative negligence; and no justification or excuse was present to eliminate his criminal responsibility. This decision reinforces the function of criminal liability as an instrument to uphold the rule of law, safeguard state finances, and restore public trust in the integrity of Village Fund governance. The judicial considerations in sentencing perpetrators of Village Fund corruption in Decision No. 67/Pid.Sus-TPK/2025/PT SBY demonstrates the exercise of judicial authority aligned with the objectives of punishment and the principle of legal certainty. The Panel of Judges first systematically assessed the requirements for criminal liability, including the fulfillment of the element of "any person," the existence of unlawful conduct, abuse of authority, acts of self-enrichment or enriching others, and the occurrence of state financial loss as specified in Article 3 in conjunction with Article 18 of the Anti-Corruption Law. All of these were proven through witness testimony, expert testimony, documentary evidence, indications, BPKP audit results, and the defendant's statements. At the same time, the Judges considered humanitarian aspects by taking into account mitigating factors such as cooperative behavior, a clean criminal record, and good faith in returning part of the state losses, without ignoring aggravating circumstances such as the abuse of public office and the substantial amount of state financial loss.