Arfandi, Mohd Rizki (2023) Tinjauan Yuridis Pembebanan Uang Pengganti Kepada Terdakwa Tindak Pidana Korupsi. Other thesis, Universitas Islam Riau.

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Abstract

Charging replacement money as charged with the defendant of corruption in the criminal case No.33/Pid.Sus-TPK/2020/PN.PBR can be interpreted as an act that is very detrimental to state and public finances so that it can hamper the course of national development, because Therefore, all kinds of actions that are detrimental to the state's finances need to be eradicated, among others, by maximizing work capacity and the coercion of existing laws and regulations through law enforcement. The formulation of the problem in this research is the process of proof in the case of imposing replacement money on defendants of corruption and the legal considerations of the Panel of Judges in deciding cases of imposing replacement money on defendants of corruption (case study). This study uses a normative legal method by studying case files Number: 33/Pid.Sus-TPK/2020/PN.PBR, while the nature of the research is descriptive, namely drawing clearly and in detail about the process of proving in the case of imposing replacement money on the accused Corruption crime and the legal considerations of the Panel of Judges in deciding the case of imposing replacement money on the accused of corruption, so that from the research it can be seen that there are agreements or contradictions between the legal process and the applicable legal regulations. Based on the results of the research, it can be seen that the process of proof in the case of imposing replacement money on the accused of corruption is carried out through proof of witness testimony, expert testimony and the defendant's statement which is linked to the evidence obtained so that from this evidence it can prove that the defendant did the criminal act as indicted by the public prosecutor, therefore the defendant must be held accountable for his actions by carrying out the crime that has been decided. As for the legal considerations of the panel of judges in deciding the case of imposing replacement money on the defendant for the crime of corruption, the panel of judges stated in their decision that the defendant guilty of committing the crime of corruption after seeing that from the legal facts revealed at trial the actions committed by the defendant fulfilled the elements of the crime charged, and against the defendant Maj. Elis Hakim did not find any reasons for forgiveness, so the defendant must be held accountable for his actions. In addition, the Panel of Judges also considered aggravating and mitigating circumstances for the sentence imposed on the defendant.

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