IMPLIKASI YURIDIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 3/PUU-XXII/2024 TERHADAP PEMBIAYAAN PENDIDIKAN DASAR DI INDONESIA

Abstract

Corruption committed by Civil Servants is a form of abuse of authority that can cause losses to state finances and undermine public trust in government administration. This study aims to analyze the application of criminal sanctions against perpetrators of corruption committed by Civil Servants and the judges’ considerations in rendering decisions in Case Number 26/Pid.Sus-TPK/2025/PN Mdn. The research method used is normative legal research with a statutory approach and a case approach. The legal materials used consist of primary, secondary, and tertiary legal materials obtained through library research and analyzed qualitatively using descriptive analytical methods. The results of the study indicate that the application of criminal sanctions against the defendant is in accordance with the provisions of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption Crimes, particularly Article 3 regarding the abuse of authority that causes losses to state finances. The panel of judges in rendering the decision considered juridical aspects in the form of the fulfillment of the elements of the criminal offense and valid evidence presented during the trial, as well as non-juridical aspects such as the defendant’s position as a Civil Servant and the impact of the act on state finances. This study concludes that the court decision has been in accordance with applicable legal provisions and provides a deterrent effect for corruption offenders.