Tinjauan Yuridis Penjatuhan Hukuman Bagi Pelaku Tindak Pidana Korupsi Dana Bantuan Bencana Alam (Studi Kasus Putusan Nomor : 01/Pid.Sus. K/2011/PN Mdn)
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Institusion
Universitas Muhammadiyah Surakarta
Author
Fattah, Ghiffari Abdul
, Hartanto, S.H.,M.Hum
, Hartanto, S.H.,M.Hum
Subject
KG Law (General)
Datestamp
2022-05-19 08:52:54
Abstract :
The purpose of this study is to analyze the decision which contains a juridical review of the punishment for the perpetrators of the corruption of natural disaster relief funds. This study uses a normative juridical approach and uses a descriptive analysis type of research. The data source of this study uses secondary data with 3 legal materials, namely primary legal materials in the form of a decision Number: 01/Pid.Sus. K/2011/PN Mdn, secondary legal materials in the form of books and other literature, as well as tertiary legal materials, namely complementary legal materials such as the Big Indonesian Dictionary. The data collection method used the literature study method and the data analysis technique used qualitative analysis techniques. The results of the study show that: Defendant of corruption in the Nias tsunami aid fund, Benedict binahati Baeha, has been legally and convincingly proven to have committed a criminal act of corruption in the Nias Aceh tsunami aid fund. The defendant was sentenced by a judge with secondary charges of Article 3 of the TPPK Law with a prison sentence of 5 years and an additional sentence of Rp. 3.144.500.000,- (three billion one hundred forty-four million five hundred thousand rupiah) which is paid within a period of 1 month, if the defendant cannot pay the fee, it will be replaced with imprisonment for 3 years. The weaknesses of this decision are that the charges do not fulfill the sense of justice, the defendant should have been sentenced to Article 2 paragraph 2 of the TPPK Law because it is considered more in line with the elements of the criminal act of corruption committed during a national natural disaster. In accordance with the circumstances of the victims of the Nias tsunami disaster, the sentence should be the death penalty as regulated in Article 2 paragraph (2), or at least 20 years in prison.
The purpose of this study is to analyze the decision which contains a juridical review of the punishment for the perpetrators of the corruption of natural disaster relief funds. This study uses a normative juridical approach and uses a descriptive analysis type of research. The data source of this study uses secondary data with 3 legal materials, namely primary legal materials in the form of a decision Number: 01/Pid.Sus. K/2011/PN Mdn, secondary legal materials in the form of books and other literature, as well as tertiary legal materials, namely complementary legal materials such as the Big Indonesian Dictionary. The data collection method used the literature study method and the data analysis technique used qualitative analysis techniques. The results of the study show that: Defendant of corruption in the Nias tsunami aid fund, Benedict binahati Baeha, has been legally and convincingly proven to have committed a criminal act of corruption in the Nias Aceh tsunami aid fund. The defendant was sentenced by a judge with secondary charges of Article 3 of the TPPK Law with a prison sentence of 5 years and an additional sentence of Rp. 3.144.500.000,- (three billion one hundred forty-four million five hundred thousand rupiah) which is paid within a period of 1 month, if the defendant cannot pay the fee, it will be replaced with imprisonment for 3 years. The weaknesses of this decision are that the charges do not fulfill the sense of justice, the defendant should have been sentenced to Article 2 paragraph 2 of the TPPK Law because it is considered more in line with the elements of the criminal act of corruption committed during a national natural disaster. In accordance with the circumstances of the victims of the Nias tsunami disaster, the sentence should be the death penalty as regulated in Article 2 paragraph (2), or at least 20 years in prison.
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