Pertanggungjawaban Pidana terhadap Pelaku Tindak Pidana Perintangan Penyidikan Perkara Tindak Pidana Korupsi (Studi Putusan Mahkamah Agung Nomor 684 K/PID.SUS/2009 dan Putusan Pengadilan Tinggi DKI Jakarta Nomor 23 /PID.SUS-TPK/2018/PT.DKI)

Abstract

Various corruption cases that are sticking out now appear to be efforts by interested parties to obstruct the legal process carried out by law enforcement officials, obstructing this action if not taken firmly, corruption perpetrators can use their networks or colleagues to avoid legal proceedings or weaken proof that the perpetrator is not entangled in a law or a decision that has legal power remains unworkable. The problems raised in this study, namely how the legal regulation of criminal acts of investigating cases of criminal acts of corruption, criminal liability of perpetrators of crimes against the investigation of cases of corruption, and the enforcement of criminal law against perpetrators of criminal offenses against the investigation of criminal cases of corruption. To find answers to these problems, this study uses a type of normative legal research that is descriptive analytical, where normative legal research uses secondary data as the main data by using data collection techniques carried out by means of library research and data analysis using methods qualitative data analysis. Legal arrangements for criminal acts against the investigation of corruption cases are regulated in Article 21 of Law Number 31 of 1999 concerning Eradication of Corruption Crimes Jo. Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crime furthermore this law also regulates other criminal acts relating to the obstruction of investigations into cases of corruption, namely those regulated in Article 22, Article 28, Article 29, Article 35, and Article 36 of Law Number 31 of 1999 concerning Eradication of Corruption Crimes Jo. Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crimes. Criminal liability against the perpetrators of criminal acts against the investigation of cases of corruption in the Supreme Court Decision Number 684K/Pid.Su/2009, and the Decision of the DKI Jakarta High Court Number 23/Pid.Sus-TPK/2018/PT.DKI basically fulfilled all elements of criminal responsibility both in terms of the ability to be responsible, the existence of mistakes, and the absence of forgiving reasons, so that in this case the three elements of criminal responsibility have been fulfilled so that the defendant can be asked for criminal responsibility for criminal acts in the context of corruption investigation. Enforcement of criminal law against perpetrators of criminal offenses against investigations into corruption cases is currently being carried out, including in decisions of the Supreme Court Decision Number 684K/Pid.Sus/2009 by imposing imprisonment of 3 (three) years and a fine of Rp. 150,000,000 (one hundred and fifty million rupiahs), and the Decision of the DKI Jakarta High Court Number 23/Pid.Sus-TPK/2018/PT.DKI by imposing a sentence on the defendant because of that with a prison sent