Analisa Ratio Decidendi Putusan Pengadilan pada Penggabungan Perkara Tindak Pidana Korupsi dan Tindak Pidana Pencucian Uang (Studi Putusan No : 16/PID.SUS/TPK/2015/PN.JKT.PST dan No : 38/PID.SUS/TPK/2020/PN.JKT.PST)

Abstract

One type of crime that is mushrooming and very difficult to solve in Indonesia is a crime with an economic motive. The Corruption Crime accompanied by the Money Laundering Crime is one of the many crimes with economic motives that directly harm state finances and can destroy a country's economic stability. Therefore, law enforcement for perpetrators of money laundering and corruption is no longer just talking about the problem of processing suspected corruption, prosecuting, trying and convicting perpetrators, but also how the state's efforts to restore state assets corrupted by perpetrators. On the other hand law enforcement must continue to uphold human rights which are entitled to legal protection by not criminalizing the assets of someone suspected of committing a crime. The dilemma of enforcing the law on corruption and money laundering has resulted in a merger of cases/Concursus Realis for the two crimes. This research was conducted to answer the Urgency of Merging Cases/Concursus Realis, the Authority of the Public Prosecutor in Merging Cases, and to examine the analysis of ratio decidendi in Decision No: 16/Pid.Sus/TPK/2015/PN.Jkt.Pst and No: 38/Pid .Sus/TPK/2020/PN.Jkt.Pst as a research case study. To answer this formulation, the researcher conducted a study using at least 3 legal theories, namely the theory of legal certainty, the theory of the legal system, and the theory of proof. The method used is normative juridical, analytical descriptive with a statute-approach, conceptual approach, and case approach. The results of research on the urgency of merging cases/Concursus Realis show that the enforcement of criminal acts of corruption is accompanied by acts of money laundering in a positive direction. By combining the examinations of the two crimes, at least efforts have been made to punish the perpetrators of the crime, restore state financial losses, without criminalizing the perpetrators of the crime.