Penegakan Hukum terhadap Korupsi Dana Bantuan Operasional Satuan Pendidikan untuk Pengembangan Sekolah Luar Biasa (SLB) (Studi Putusan Nomor 50/Pid.Sus-TPK/2019/PN Mdn dan Nomor 51/Pid.Sus-TPK/2019/PN Mdn)

Abstract

Corruption of Operational Assistance for Education Units (BOSP) funds is a serious problem that hinders efforts to improve the quality of education. BOSP funds should be used to support the operation and development of education, but in practice, these funds are often misused by certain individuals. This not only harms state finances, but also hinders access to and the quality of education. The formulation of this problem is: How is the legal regulation of corruption in the field of education in Indonesia? What are the forms of corruption of operational assistance funds for education units for the development of Special Schools (SLB)? How is the law enforced against corruption of Operational Assistance funds for Special Schools based on Decision Number 50/Pid.Sus-TPK/2019/PN Mdn and Number 51/Pid.Sus-TPK/2019/PN Mdn? The method used is a normative legal research method, namely a method that refers to legal norms carried out by means of literature studies to obtain secondary data in the form of primary, secondary, and tertiary legal materials related to the problems studied, this study has a descriptive nature, and data that is analyzed qualitatively. Corruption criminal acts of School Operation Assistance Fund (BOSP) for Special Needs Schools (SLB) are regulated by several laws and regulations, primarily Law No. 20 of 2001 concerning the Eradication of Corruption Criminal Acts and Law No. 20 of 2003 concerning the National Education System, as well as Ministry of Education, Culture, Research and Technology Regulation No. 63 of 2023. BOSP fund deviation for SLB has complex and systematic characteristics, including fund embezzlement, price mark-up, fictitious activities, data manipulation, and specific vulnerabilities such as larger fund amounts per student, low supervision, and exploitation of students' special needs. Law enforcement against corruption criminal acts of SLB operational assistance funds based on both verdicts shows a relatively weak and suboptimal approach in providing deterrent effects. Both defendants, Aslin Harahap as Chairman of the Development Committee and Koeswijan as deputy director of CV. Setia Harapan Jaya, were only sentenced to 1 year 8 months imprisonment and a fine of Rp 50,000,000,- which is not proportionate to the state loss of Rp 230,851,900.-