Analisis Yuridis Perbuatan Melawan Hukum Dalam Tindak Pidana Korupsi

Dirgantara, Leo Putra (2021) Analisis Yuridis Perbuatan Melawan Hukum Dalam Tindak Pidana Korupsi. Other thesis, Universitas Islam Riau.

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Abstract

Based on the decision Number:9/Pid.Sus/Tipikor/2019/PN.PBR. the defendant Edi Mufti Bin Syar'i as the Commitment Making Officer (PPK) and the Budget User Authority (KPA), had made irregularities in the auction process by being involved, abusing his authority by trying to win PT. Pantori Raja as the winner of the auction as the executor of the procurement and installation of the PE 100 DN 500 mm transmission pipe in Parit II Sungai Salak Village, Tempuling District, Indragiri Hilir Regency. In its implementation, the project did not follow the technical specifications of the Procurement Agreement for goods/services PPK.03/KONTR/FSK-PIPA.TBH/VI/2013 dated June 20, 2013. As a result of the actions of the defendant, the State suffered a loss of Rp. 2,639,090,623. Based on this phenomenon, this study sets out 2 main problems, namely: first, how to apply the unlawful nature of the crime of corruption in Case Number :9/Pid.Sus/Tipikor/2019/PN.PBR. second, how are the legal considerations of the panel of judges in deciding cases of criminal acts of corruption in case number :9/Pid.Sus/Tipikor/2019/PN.PBR. This study uses a normative juridical research method, namely a study by studying the documents of the Pekanbaru Corruption Court Decision Case Number :9/Pid.Sus/Tipikor/2019/PN.PBR. by elaborating on the application and consideration of the judge's decision. Based on its nature, the research is descriptive-analytical in nature, that is, it provides researched data regarding the problems that the authors raise in order to strengthen existing theories. The results of the study can be seen: That the application of the unlawful nature of the defendants Edi Mufti, Be Bin Syar'i Harun was proven legally and convincingly involved in the implementation of the procurement and installation of PE 100 DN 500 mm Transmission Pipe FY 2013 in Tempuling District, DistrictIndragiri Hilir which caused state losses of RP. 2,639,090,623. The judge's considerations in Decision Number: 9/Pid.Sus/Tipikor/2019/PN.PBR there are 2 (two) categories, namely: First, juridical considerations in which the judge imposes criminal sanctions referring to the indictment of the public prosecutor against the defendant with article 2 paragraph ( 1) jo. Article 18 of the Law on the Eradication of Corruption Crimes in conjunction with Article 55 paragraph (1) of the 1st Criminal Code, plus witness statements and expert statements. Non- juridical considerations consider the defendant to be polite in court, the defendant has never been convicted and the defendant has family responsibilities. In his decision, the defendant was sentenced to imprisonment for 5 (five) years and a fine of Rp. 200,000,000, - (two hundred million rupiah).

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