As'aidil, As'aidil (2025) Tinjauan Hukum Tindak Pidana Korupsi Secara Bersama-Sama Oleh Penyelenggara Negara (Studi Kasus Perkara Nomor: 2233 K/PID.SUS/2017 dan No. 23/PID.SUS-TPK/2022/PN PBR. Masters thesis, Universitas Islam Riau.

Text skripsi_221022239_watermark.pdf - Published Version Restricted to Registered users only Download (2MB) | Request a copy

Abstract

The criminal act of bribery corruption that occurred in Riau Province involving the Riau governor, the leadership and members of the Provincial (DPRD) from 2015 only ended legal efforts in 2022. Briefly, the criminal events that the author will describe are as follows: In the first instance decision at the Corruption Court at the Pekanbaru District Court Number: 62 / PID.SUS.TPK / 2016 / PN.Pbr Sentences against Defendant I H.M. J. F with a prison sentence of 5 (five) years and 6 (six) months., For Defendant II SP: -Declares Defendant II SP not legally and convincingly proven guilty Acquits Defendant II SP from all charges Public Prosecutor: -However, in the cassation decision the panel of judges, Judges themselves: Sentences to Defendant I. JF and Defendant II. SPN therefore with a prison sentence of 6 (six) years each one. As for the Defendant who gave or promised something, the Panel in Decision Number: 23/Pid.SusTpk/2022/Pn.Pbr the defendant was legally and convincingly proven guilty of committing the Criminal Act of Corruption Together. Sentencing the Defendant therefore to imprisonment for 1 (One) Year while the party who received was sentenced to imprisonment for 6 (six) years. Therefore, based on the explanation of the phenomenon of corruption above, the author is interested in conducting a study entitled: "Legal Review of Joint Corruption Crimes by State Officials (Case Study of Case Number: 2233 K/PID.SUS/2017 and No. 23/PID.SUS-TPK/2022/PN PBR)" The main problems in this study are: 1. How is the regulation of the crime of corruption in the form of bribery committed jointly by state officials? 2. What is the consideration of the panel of judges in Decision No. 2233 K/PID.SUS/2017 and Decision No. 23/PID.SUS-TPK/2022/PN PBR? The legal research method used in this study is normative legal research, which studies and examines all written laws from all existing legal sources, using statutory, conceptual, and case approaches. The author's conclusions from the crime of corruption in the form of bribery Article 12 letters a and b are formed to hold civil servants responsible who receive bribes from the bribe giver referred to in Article 5 paragraph 1 letters a and b. The criminal acts of Article 12 a and b are actually the same. In the Assembly's consideration to apply the doctrine of inclusion, legal discovery and reasoning are needed to determine the expansion of criminal penalties from the principle of individual liability.

Actions (login required)

View Item