Analisis Penerapan Hukum Pidana dalam Penanganan Korupsi di Sektor Pengadaan Barang dan Jasa (Studi Putusan Nomor : 5161 k/Pid.Sus/2023)

Abstract

This study examines the application of criminal law in handling corruption cases in the government procurement of goods and services sector, with a focus on the analysis of the Supreme Court Decision Number 5161 K/Pid.Sus/2023. The procurement sector is one of the areas most vulnerable to corruption due to the involvement of administrative authority, management of state finances, and interactions between public officials and private parties. Corruption in this sector not only causes losses to state finances but also hampers development and undermines public trust in government administration. This research employs a normative legal research method using a statutory approach and a case approach. The data were obtained through library research of primary, secondary, and tertiary legal materials, which were then analyzed qualitatively. The study focuses on the legal regulation of corruption in the procurement of goods and services under Law Number 31 of 1999 in conjunction with Law Number 20 of 2001, criminal liability of the perpetrators, and the considerations of the panel of judges in imposing criminal sanctions in the case concerned. The results of the study indicate that the application of criminal law in Supreme Court Decision Number 5161 K/Pid.Sus/2023 has fulfilled the elements of corruption, particularly the elements of unlawfulness, abuse of authority, and state financial loss. However, the judges’ considerations in imposing criminal sanctions remain debatable in terms of proportionality and their effectiveness in creating a deterrent effect. Therefore, consistency and firmness in the application of criminal law against corruption in the procurement of goods and services are necessary to ensure legal certainty, justice, and the protection of state finance.