Karmailis, Karmailis (2025) Pertanggungjawaban Direktur Perusahaan Berbadan Hukum Terhadap Pidana Tambahan Uang Pengganti Dalam Putusan Tindak Pidana Korupsi Nomor 22/pid.sus-tpk/pn. Pdg Pada Pengadilan Negeri Padang. Masters thesis, Universitas Islam Riau.

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Abstract

In order to overcome corruption cases in Indonesia, the government has made various efforts, namely a preventive strategy or prevention of corruption and the second strategy, namely a repressive strategy or enforcement of corruption cases. One of the government's repressive strategies is to carry out a law enforcement process, namely the imposition of additional penalties in the form of substitute money which is one way to restore the state's financial condition to its original state which is expected to deter corrupt perpetrators and no longer repeat their actions. Additional penalties in the form of substitute money are regulated in Article 18 of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes, as amended by Law Number 20 of 2001. Referring to the Padang District Court Decision Number 22/Pid.Sus-TPK/PN.Pdg, in which in the decision there has been a dissenting opinion, namely that two judges did not impose an additional penalty in the form of compensation money to the defendant Ir. Saibin who is the Director of PT. The Sumatra Perkasa Ambassador, while one of the members of the panel of judges stated that Ir. Saibin should be sentenced to an Additional Penalty in the form of compensation money. This study examines how the judge's consideration in imposing an additional penalty in the form of compensation and how the criminal liability of the Director in a company in the form of a legal entity for corruption committed by his company is seen in case Number: 22/Pid.Sus-TPK/2020/PN. The main focus of the research is to analyze the legal basis, judge's decision, and the implementation of additional criminal compensation in the case. This study uses a normative juridical method using a case approach. The results of the study show that defendants who are forced to hand over money that is suspected to be the result of a corruption crime so that they do not enjoy and control the money cannot be sentenced to an additional penalty in the form of substitute money. Meanwhile, the director who has clearly violated the Articles of Association and laws and regulations in running his company, the director must be criminally responsible as a result of his actions.

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