Nando, Apri (2023) Tinjauan Yuridis Tindak Pidana Korupsi Bantuan Sosial Di Masa Covid-19 Di Indonesia (studi Kasus Perkara 29/pid.sus-tpk/2021/pn.jkt.pst). Other thesis, Universitas Islam Riau.

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Abstract

The case of corruption in the Covid-19 social assistance funds committed by the minister of social affairs, Juliari Batubara shocked the Indonesian people in the midst of a pandemic this is troublesome. Juliari is suspected of violating Article 12 letter a or Article 12 letter b or Article 11 Law Number 31 of 1999 as has been amended by Law Number 20 of 2001 concerning Eradication of Corruption Jo Article 55 paragraph 1 to 1 of the Criminal Code. Minister Social services that should help / help the community in the midst of a pandemic but defeated by personal desires and interests. Corruption is contained in Article 2 paragraph (2) Law Number 31 of 1999 concerning Eradication of Criminal Acts Corruption (Tipikor Law) in the alleged bribery case related to Covid-19 social assistance. That article reads: In the event of a criminal act of corruption as referred to in paragraph (1) is carried out in certain circumstances, death penalty can be imposed. The main problem of this research is how is the Juridical Review Act Social Assistance Corruption Crime in the Covid-19 Period in Indonesia (Case Study Case 29/Pid.Sus-Tpk/2021/Pn.Jkt.Pst)? and What are the considerations judges in Corruption Crimes Social Assistance During Covid-19 At Indonesia (Case Study Case 29/Pid.Sus-Tpk/2021/Pn.Jkt.Pst)? The research method used in this research is by normative legal research where this research is an overview Juridical Crime of Corruption Social Assistance in the Covid-19 Period in Indonesia (Case Study Case 29/Pid.Sus-Tpk/2021/Pn.Jkt.Pst). The results of the discussion from this study are the penalties that can be imposed to Juliari Peter Batubara in the social assistance corruption case at the time the COVID-19 pandemic, including the main punishment and additional punishment as has been regulated in Law Number 20 of 2001 concerning Amendment On Law Number 31 of 1999 concerning Eradication of Acts Corruption Crime and Law Number 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes, with principal crimes in the form of: capital punishment; imprisonment of at least 1 year up to life imprisonment; and a minimum fine of IDR 50,000,000 (fifty million rupiah) up to Rp. 5,000,000,000.- (five billion rupiah). And the panel of judges has dropped criminal case against social assistance corruption cases during the COVID-19 pandemic by former Minister of Social Affairs Juliari Peter Batubara by wearing Article 12 letters b juncto Article 18 Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Criminal Acts Corruption juncto Article 55 paragraph (1) juncto Article 64 paragraph (1) of the Criminal Code. However in the consideration given by the judge did not consider it at all current conditions of the COVID-19 pandemic.

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