Pertanggungjawaban Pidana atas Penyalahgunaan Kewenangan Kepala Desa yang Berakibatkan Tindak Pidana Korupsi di Kabupaten Deli Serdang

Abstract

Village Fund Management should be the Village Head as the village government of Percut Kec. Percut Sei Tuan is required to provide sufficient, accurate and timely information to all of its stakeholders. The problems that will be discussed in this thesis research are How are the legal rules governing criminal liability for the abuse of the authority of the Village Head, What are the Obstacles Faced by Law Enforcement in Corruption Crimes Against Village Heads for Misusing the Authority of Village Funds and What are the criminal law policies regarding the responsibility of authority The Village Head who resulted in a Corruption Crime in Deli Serdang Regency. This research was conducted using normative legal research methods. The research data uses secondary data and is supported by primary data. Data was collected using literature and interviews. Data analysis was carried out using qualitative analysis methods. The results of the study provide a conclusion, the legal rules governing criminal liability for the abuse of the authority of the Village Head used Law Number 6 of 2014 and Law No. 31 of 1999 Jo. Law No. 20 of 2001 as well as article 374 of the Criminal Code. Obstacles faced by law enforcement in corruption crimes against village heads for abuse of village fund authority, namely abuse of authority, namely exceeding authority, mixing authority, acting arbitrarily. The criminal law policy regarding the responsibility for the authority of the village head which resulted in corruption in Deli Serdang Regency has implemented the principle of Ultimum Remedium by carrying out policy harmonization between agencies with a Cooperation Agreement between the Ministry of Home Affairs representing the Government's Internal Supervisory Apparatus and Law Enforcement officers with a Memorandum of Understanding Number : 700/8929/SJ, Number : KEP-694/A/JA/11/2017, Number : B/108/XI/2017. Suggestions, laws related to preventing the abuse of the village head's authority are important, all related agencies carry out their supervisory functions properly so that optimal corruption prevention occurs, don't wait for corruption to occur first. The memorandum of understanding between the Ministry of Home Affairs and the Indonesian Republic Attorney General's Office and the Indonesian Republic Police need to be formulated in statutory regulations.