CD Skripsi

Tinjauan Yuridis Putusan Pengadilan Negeri Jakarta Pusat Nomor 29/Pid.Sus-Tpk/2021/Pn.Jkt.Pst Tentang Tindak Pidana Korupsi Dana Bantuan Sosial Dikaitkan Dengan Tujuan Pemidanaan Di Indonesia

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ABSTRACT
The juridical review of the judge's decision Number 29/Pid.Sus-TPK/2021/PN.Jkt.Pst concerning the Corruption Crime of Social Assistance Funds is considered to be a sense of injustice that occurred in this decision where the Indonesian people really hope that all corruptors can be punished as severely as possible. corruption of aid funds for people affected by national calamities/disasters. Therefore, the purpose of this thesis research is First, analyze the relevance of criminal sanctions in the Decision on Criminal Case Number 29/Pid.Sus TPK/2021/PN.Jkt.Pst with the aim of criminalizing corruption cases in Indonesia. Second, formulate appropriate and ideal decisions that can be handed down by judges so as to reduce the number of criminal acts of corruption among Indonesian officials.
This type of research can be classified into the type of normative legal research, namely a study related to the study of legal principles and rules related to Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crimes. This study uses data sources in the form of primary, secondary and tertiary data and data collection techniques are carried out by means of literature review.
From the research results it can be concluded that First, the relevance of the decision Number 29/Pid.Sus-TPK/2021/PN.Jkt.Pst with the aim of punishment is not appropriate because the judge has not fulfilled the principle of justice for the people who are victims of the Covid-19 social assistance fund because in his consideration it does not accommodate the element of loss in accordance with what was suffered the community and the public's disappointed response to the perpetrators were even used as an excuse to reduce the defendant's sentence. Second, the right and ideal decision to reduce the number of criminal acts of corruption will be realized if the crime can recover losses from criminal acts of corruption. So the formulation of the ideal sanction is by making fines, death penalty and economic punishment effective, such as payment of replacement money or confiscation of assets. The author's suggestion is First, the judge must take a progressive step by imposing the maximum sentence on the former Minister of Social Affairs. It is appropriate to impose the maximum sentence, bearing in mind that there are many victims whose rights have been violated in the midst of a pandemic Covid-19 as a result of this corruption. It is hoped that this maximum sentence will have the power to prevent the potential for similar cases to occur, especially in the midst of a pandemic. Second, corruption in social assistance funds Covid-19 has a high and massive social impact, by making fines, death penalty and criminal penalties of an economic nature such as payment of replacement money or asset confiscation effective, the costs incurred by the state become more efficient because there is no need to pay prison or confinement costs and with criminal sanctions oriented towards economic recovery of state financial losses resulting from criminal acts of corruption to be effective and optimal.
Keywords: -Corruption -Social Aid Fund -Covid-19 Pandemic -Crimination

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1909113246

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2023

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1909113246

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

DAUS

Versi lain/terkait

Lampiran Berkas

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