Mutaqin, Ardiansyah Maulana (2025) Tinjauan Yuridis Terhadap Ketentuan Daluwarsa Penuntutan Dalam Tindak Pidana Korupsi (Studi Kasus Perkara Putusan Nomor 4/Pid.Sus-Tpk/2023/Pn Pbr). Masters thesis, Universitas Islam Riau.

Text skripsi_231022104_watermark.pdf - Submitted Version Restricted to Registered users only Download (3MB) | Request a copy

Abstract

This research is motivated by juridical problems regarding the provisions of the prosecution expiration date in corruption crimes. As an extraordinary crime, corruption is often only revealed after a long time, but the expiration arrangement still refers to the general Criminal Code (KUHP). This creates a fundamental clash between the principle of legal certainty, which protects the rights of suspects, and the principle of substantive justice that demands the complete eradication of corruption. The case study of Decision Number 4/Pid.SusTPK/2023/PN Pbr. is a tangible manifestation of this legal tension. The formulation of the problem in this study is, first, how is the juridical review of the application of the prosecution expiration provisions in the case study of Decision Number 4/Pid.Sus-TPK/2023/PN Pbr.? Second, what are the implications of the decision on efforts to eradicate corruption in Indonesia, especially related to the effectiveness of law enforcement and the potential for impunity for corrupt perpetrators? This study uses a normative legal research method with an analytical descriptive nature. The approach used includes a statute approach to examine regulations related to expiration, and a case approach to analyze in depth Decision Number 4/Pid.Sus-TPK/2023/PN Pbr. Data sources come from primary legal materials, such as laws and regulations and court decisions, as well as secondary legal materials in the form of literature, journals, and legal doctrine. The results of the study show that there is a clash of legal paradigms between the progressive judex facti and the positivistic judex juris (Supreme Court). The Supreme Court granted the expiration exception by applying a 12year deadline according to the Criminal Code, based on the existence of a legal vacuum (rechtsvacuum) in the Corruption Law and the non-self-executing nature of the UNCAC. The main conclusion is that this ruling seriously harms a sense of substantive justice, degrades the status of corruption as an extraordinary crime, and opens the gap of impunity. This implication emphasizes the urgency of legislative reform to specifically regulate expiry provisions in corruption crimes.

Actions (login required)

View Item