Perbuatan Pidana dan Pertanggungjawaban Pidana dalam Perkara Korupsi Angelina Patricia Pingkan Sondakh (Studi Putusan Mahkamah Agung Nomor 1616 K/Pid.Sus/2013)

Abstract

The different opinion between judges is contrary with adopted concept in formulating the criminal deeds and criminal liability. Related to corruption case of Angelina Patricia Pingkan Sondakh, the judges of Central Jakarta Distric Court found she doing passive and sentenced four years imprisonment, six months subsidiary and strenghtened by the High Court of DKI Jakarta. The Supreme Court argued, defendant doing active so that she sentenced twelve years imprisonment. The title of this research is “Criminal Acts and Criminal Liability In The Case of Corruption Angelina Patricia Pingkan Sondakh (Study of the Supreme Court Decision Number 1616 K/Pid.Sus/2013)”. The focus issues in this research is how the elements of criminal act that is fulfilled in the corruption case which is committed by Angelina Patricia Pingkan Sondakh, related to the efforts of driving budget in Ministry of Education and Culture and Ministry of Youth Affairs and Sports to Permai Group? And how the criminal liability based on the Supreme Court Decision Number 1616 K/Pid.Sus/2013. This research method is a normative, descriptive analysis research, using secondary data source the, data collection through literature study, and data analysis based on qualitative. Primary legal materials include: Criminal Procedure Code, Act No. 31 of 1999 in conjunction with Act No. 20 of 2001 about Corruption Eradication, Central Jakarta Distric Court No.54/Pid.B/TPK/2012/PN.Jkt Pst, DKI Jakarta High Court No.11/Pid/TPK/2013/PT.DKI and Supreme Court Decision No.1616 K/ Pid.Sus/ 2013. Elements of Crime committed by Angelina Patricia Pingkan Sondakh related to driving budget in Ministry of Education and Culture and Ministry of Youth Affairs and Sports to Permai Group meets the formulation of the elements of the offense mentioned in Article 12 letter a UUPTPK. The subjective element is the state apparatus and known or suspected, while the objective element is receiving a gift or promises, and the promise or gift is given in order to lead the budget in the Ministry of Education and Culture and Ministry of Youth Affairs and Sports to Permai Group, which is contrary to her position and duties. Accountability for corruption by Angelina Patricia Pingkan Sondakh meet the formula element of intent committing bribery instead of gratification active, because there is an agreement before between the bribe giver and taker. The judges, especially judges of Central Jakarta District Court and DKI Jakarta High Court use its authority in interpreting the law and the facts better and careful to embed the understanding dualism in criminal punishment. The judges (PN, PT, MA) in this case should have said Article 12 letter a UUPTPK is the formulation offense of bribery not gratification.