Penerapan Pasal 2 Dan Pasal 3 Undang-Undang Pemberantasan Tindak Pidana Korupsi Terhadap Penyelewengan Dana Hibah Bawaslu Dan Kaitannya Dengan Perma Ri No. 1 Tahun 2020 (Studi Putusan No. 19/Pid.Sus-Tpk/2023/Pn Jap)

Abstract

Corruption, which is categorized as an extraordinary crime, has a destructive impact on the governmental system and society. One form of this is the misappropriation of grant funds. This research analyzes Decision No. 19/Pid.Sus-TPK/2023/PN Jap concerning the misappropriation of BAWASLU grant funds in Asmat Regency. The research questions addressed in this thesis are how administrative responsibility transforms into criminal liability, the implications of PERMA RI Number 1 of 2020 on the Corruption Eradication Law, and a legal analysis of Decision No. 19/Pid.Sus-TPK/2023/PN Jap in relation to PERMA RI Number 1 of 2020. The research method used in this thesis is the normative legal research method (juridical normative). The results indicate that the transformation from an administrative violation into a corruption offense is determined by the presence of the element of intent (mens rea) and actions that cause state financial losses. Regarding the application of PERMA RI Number 1 of 2020, the decision of the Jayapura District Court Judge is deemed incorrect. In this ruling, the judge ignored the provisions of Article 6 paragraph (2) letter c of this PERMA RI, which classifies state financial losses amounting to Rp2.55 billion as “moderate,” but the judge categorized them as “low.” This error resulted in a criminal sentence that is not in accordance with the provisions of the said PERMA. This certainly contradicts the principle of guaranteed proportional justice, which was one of the driving aspects behind the establishment of PERMA RI Number 1 of 2020.