IMPLEMENTATION OF CRIMINAL AGAINST PERSONS OF CORRUPTION IN PROCUREMENT OF GOODS AND SERVICES CONDUCTED BY MEMBERS OF THE MAKASSAR DPRD (Case Study No. 1153K/Pid.Sus/2017)

Abstract

In Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes, judges in trying defendants use Article 12 letter i of the corruption law. In case Number 1153K/PID.SUS/2017 the defendant with the initials AM, committed a crime. where the defendant AM asked his close friends to vote in the 2009-2014 legislative elections, later AM's friends worked on 7 project packages at the Jeneponto Regency Public Works SKPD, but the 7 projects were not included in the proposal and discussion of the Development Planning Meeting for the 2013 Fiscal Year Problem Formulation: 1) What is the application of criminal punishment to the perpetrators of corruption in the procurement of goods and services carried out by Makassar DPRD members in case No.1153K/Pid.Sus/2017. 2) What are the judges' considerations in imposing a sentence on the perpetrators of corruption in the procurement of goods and services committed by Makassar DPRD Members No.1153K/Pid.Sus/2017. The research uses a normative juridical approach, data collection techniques through document studies and data analysis are carried out qualitatively. Research results 1) The judge decided a prison sentence of 5 years and a fine of Rp. 200,000,000, - a subsidiary of 6 months in prison. 2) The judge's considerations related to juridical and non-juridical factors, namely juridical factors, namely indictments, demands, legal facts, evidence, statements of the accused and evidence while non-juridical factors are aggravating and mitigating matters. Keywords: Criminal Application, Corruption, Procurement, Goods and Services