PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU TINDAK PIDANA KORUPSI PROYEK PENGADAAN BARANG DAN JASA SENAPAN ANGIN DI SAWAHLUNTO (StudiPutusan Nomor 21/Pid.Sus-TPK/2018/PN-Pdg)

Abstract

ABSTRACT The goods and services procurement sector is one of the prone points for corruption. The procurement of goods and services is an activity of the government in terms of procuring goods and services to meet the needs of the community in relation to its function as a public servant. The criminal acts of corruption that occurred in Decision Number 21 / Pid.Sus-TPK / 2018 / PN-Pdg, Defendant I HR and Defendant II JR were proven to have legally committed a criminal act of corruption in the Agriculture and Forestry Service of Sawahlunto City. Formulation of the problem: (1) What is the material criminal responsibility for the perpetrators of corruption in the procurement of air rifle goods and services in Sawahlunto in Decision Case Number 21 / Pid-Sus-TPK / 2018 / PN-Pdg? (2) What are the judges' considerations in imposing criminal offenses against the perpetrators of corruption in the procurement of goods and services of air rifles in Decision Case Number 21 / Pid-Sus-TPK / 2018 / PN-Pdg? This type of research uses normative legal research. The data source used was secondary data consisting of primary, secondary and tertiary legal materials. Data collection techniques used document studies and the data were analyzed qualitatively. The results showed (1) Defendant I HR and Defendant II JR were charged with Article 3 in conjunction with Article 18 of Law Number 31 Year 1999 as amended by Law No. 20 of 2001 concerning the Eradication of Corruption Crime. (2) Judge's consideration, the decision which has been determined by the judge shall be considered first with juridical considerations in which the prosecutor has been able to legally prove the indictment and non-juridical considerations. Keywords: Accountability, Corruption, Procurement of goods and services