ANALISIS YURIDIS PUTUSAN HAKIM TERHADAP PELAKU TINDAK PIDANA KORUPSI

Abstract

This research is motivated by the prevalence of corruption practices involving abuse of authority, particularly in social assistance funds such as those for Covid-19 relief. The study examines a specific case at the Jayapura District Court (Decision No. 8/PID.SUS-TPK/2022/PN. JAP) regarding the misuse of Covid-19 Task Force funds in Mamberamo Raya Regency in 2020, which resulted in state losses of IDR 3,153,100,000. The aim of the research is to analyze the forms of abuse of authority committed by the defendant and to examine the legal considerations used by the judges in deciding the case. The research employs a normative juridical method with a descriptive qualitative approach. Primary data sources include legislation and court decisions, as well as interviews with ad hoc corruption court judges. The findings indicate that the application of substantive criminal law to the defendant has fulfilled the elements of the charges. The judges' considerations were based on juridical aspects (trial facts and evidence) and non-juridical aspects (the defendant's background and the consequences of the actions). However, the study highlights the need for the panel of judges to further explore aggravating considerations in sentencing.

Keywords: Corruption, Judge's Decision, Abuse of Authoriter