Kajian Yuridis Tindak Pidana Korupsi Menjual Pupuk Bersubsidi Kepada Yang Tidak Berhak Sesuai Rencana Defenitif Kebutuhan Kelompok (RDKK) oleh Kios Pengecer Pupuk Bersubsidi (Studi di Kabupaten Karo)

Abstract

The misuse of subsidized fertilizers is a serious problem in many countries, including Indonesia. Subsidized fertilizers are provided by the government with the aim of supporting agriculture and farmers in need. However, there are often acts of corruption and misuse of this policy by parties who should not be entitled to receive subsidized fertilizers. One of the incidents suspected of containing the criminal act of corruption by selling subsidized fertilizers to those who are not entitled according to the definitive group needs plan (RDKK) by subsidized fertilizer kiosks occurred in Karo Regency. This research is an empirical legal research that is descriptive in nature, using a legislative approach and a case approach. Data sources consist of primary data through interviews with various related parties, as well as secondary data. Data collection is carried out through literature studies and field studies. Data analysis is carried out qualitatively, with inductive conclusions drawn. The results of the study found that the distribution mechanism for subsidized fertilizers is regulated in the Regulation of the Minister of Agriculture Number 10 of 2022 and the Regulation of the Minister of Trade Number 04 of 2023, where the government determines the allocation and HET, while producers and distributors distribute it to official retailers to be sold to farmers registered in the RDKK. Retail kiosks that sell subsidized fertilizers to unauthorized parties can be subject to criminal acts of corruption in accordance with Law No. 31/1999 in conjunction with Law No. 20/2001, for abusing their authority and harming the state and farmers. Legal protection for farmers who are harmed in Karo Regency includes the right to report cases to the authorities, file civil lawsuits, and receive protection and legal assistance from the government. Local governments and law enforcement agencies are obliged to supervise, take action against perpetrators, and ensure that farmers' rights are protected, with the aim of recovering losses and preventing similar crimes in the future. The conclusion is that the distribution mechanism for subsidized fertilizers is strictly regulated by the government, but deviations can occur and are categorized as criminal acts of corruption. Legal protection for farmers who are harmed is available through various mechanisms. System improvements and stricter law enforcement are needed to ensure subsidies are targeted and protect farmers' rights.