Kajian Hukum Ketentuan Pasal 5 Undang-Undang Nomor 20 Tahun 2001 Tentang Pemberantasan Tindak Pidana Korupsi Jo Pasal 64 Ayat (1) KUHP terhadap Tindak Pidana Korupsi (Studi Putusan Nomor 46/Pid.Sus-TPK/2021/PN.MDN)

Abstract

Talks concerning corruption seem endless. This phenomenon is indeed appe'bling to study, especially in current situation where there are indications that reflect the people's distrust of the government and state administrators. Perpetrators of criminal acts of corruption can be subject to imprisonment and/or fines, including those stipulated in Article 5 of Law Number 20 of 2001 concerning Eradication of Corruption. The practice that occurs shows that the crime of corruption is committed not only once but continuously, and not done by one self If such a thing occurs, then the provisions contained in Article 64 paragraph (1) of the Criminal Code. The formulation of the problem in this research is: How is the unlawful act regulated in Article 5 of Law Number 20 of 2001 concerning the Eradication of Corruption Jo. Article 64 paragraph (1) of the Criminal Code against Corruption? How is the formulation of criminal acts in Article 5 of Law Number 20 of 2001 concerning Eradication of Corruption and Bribery Jo Article 64 paragraph (1) of the Criminal Code against Corruption? What is the analysis of the criminal responsibility of the perpetrators of criminal acts in Article 5 of Law Number 20 of 2001 concerning the Eradication of Corruption and Bribery Jo. Article 64 paragraph (1) in Ruling Number 46/P id. Sus TPK/2021/PN.Mdn. Method of the research uses normative juridical legal research methods, namely referring to legal norms. This is a descriptive analytical research. The data employed are secondary data, consists of primary legal materials, secondary legal materials, and tertiary legal materials. The data collection technique is library research. The data are analyzed qualitatively. The research results show that unlawful acts are regulated in Article 5 of Law Number 20 of 2001 concerning the Eradication of Corruption Jo. Article 64 paragraph (1) of the Criminal Code against Corruption is to give or promise something to a Civil Servant or state administrator to do or not do something within his or her position. The formulation of a criminal act in Article 5 of Law Number 20 of 2001 concerning the Eradication of Corruption Jo. Article 64 paragraph (1) of the Criminal Code against Corruption is a prevention and controlled by means of penal (criminal law). The criminal responsibility of the perpetrators of criminal acts in Article 5 of Law Number 20 of 2001 concerning the Eradication of Corruption and Bribery Jo. Article 64 paragraph (1) in Ruling Number 46/Pid.Sus TPK/2021/PN.Mdn states that the defendant is able to account for his actions, namely bribery of civil servants or state offcials