ANALISIS YURIDIS PERTIMBANGAN HUKUM TERHADAP PELAKU TINDAK PIDANA KORUPSI BERDASARKAN UNDANG- UNDANG NOMOR 31 TAHUN 1999 SEBAGAIMANA DIRUBAH DENGAN UNDANG-UNDANG NOMOR 20TAHUN 2001 TENTANG PEMBERANTASAN KORUPSI

Abstract

Corruption has become a global concern, prompting the formation of international conventions such as the United Nations Convention Against Corruption (UNCAC) 2003. In the context of Indonesia, the crime of corruption, particularly those involving the abuse of authority, remains a complex legal issue. This research aims to: (1) analyze the regulation of abuse of authority in the Anti-Corruption Law; (2) identify the factors causing corruption; and (3) analyze the judge’s considerations in Decision Number 01/Pid.Sus-TPK/2024/PN.Jkt.Pst and its alignment with a sense of justice. The research method used is normative and empirical legal research, examining written legal norms and their application in practice. The results show that the regulation of abuse of authority in the law is comprehensive, but its implementation is influenced by various internal and external factors. An analysis of court decisions (such as Decision Number 66/Pid.Sus-TPK/2021/PN.Bdg) indicates that the judicial panel has decided the case in accordance with applicable law and that the imposed criminal sanctions are considered capable of providing a deterrent effect, both for the perpetrator and the wider society. These findings reflect law enforcement efforts oriented toward legal certainty and prevention.

Keywords: Crime, Corruption, State Offices