Yansyah, Nofri (2025) Implementasi Tindak Pidana Korupsi Terhadap Kesalahan Pengambilan Kebijakan yang Tidak Menimbulkan Kerugian Negara. Masters thesis, Universitas Islam Riau.

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Abstract

The element "may harm state finances" in a material criminal offense means the loss is a result of the act, whereas in a formal criminal offense, the loss is an integral part of the elements that must be met for the unlawful act. In Indonesia, Constitutional Court Decision Number: 003/PUU-IV/2006 explicitly states that corruption potentially harming state finances or the national economy is a formal criminal offense. This research focuses on the implementation of corruption offenses related to policy-making errors that do not cause direct financial loss to the state. The objective is to determine legal certainty and understand the legal consequences of such decisions. The main problem of this research is how the application of criminal law on corruption and its legal consequences relate to policies that do not result in monetary loss to the state. The research method used is normative legal research, relying on library materials as secondary data sources. This research is descriptive in nature, aiming to provide a comprehensive overview of the prevailing legal conditions and relevant juridical phenomena. Analysis of decision Number: 57/Pid.Sus-TPK/2022/PN.Pekanbaru indicates that the Panel of Judges' application of criminal law aligns with prevailing laws and regulations. The defendant, Akhmad Mujahidin Bin Abidin, was proven to have committed an unlawful act, violating Head of LKPP Decree No. 181 of 2019, Presidential Regulation No. 16 of 2018, and Minister of Finance of the Republic of Indonesia Regulation No. 129/PMK.05/2020. The defendant was legally proven to have committed collusion based on Article 21 of Indonesian Law Number 28 of 1999. The legal consequence, a prison sentence of 2 years and 10 months and a fine of IDR 200,000,000.00 (with a subsidiary of 4 months imprisonment), is deemed to have met the sense of justice, affirming that collusion can be punished even without direct financial loss.

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