Pertanggungjawaban Pidana terhadap Pelaku dalam Penerimaan CPNS (Studi Kasus : Putusan Pengadilan Negeri Stabat No. 617, 618, 619/PID.B/2016/PN.Stb., tgl. 20/12/2016)

Abstract

Bribery practices are carried out, where the broker ensures that he has connections in the agency that the applicant is targeting. Applicants and their families will be convinced to transfer or submit a sum of money with the argument "for insiders" until finally the applicant and his family are sure to submit a certain amount of money. In fact, the acceptance of Candidates for Civil Servants can reach Rp. 250 to Rp. 500 million per person. Examples of cases that have been tried in the Stabat District Court and have permanent legal force (inkracht), namely: Stabat District Court Decision No. 617/Pid.B/2016/PN.Stb., dated 20 December 2016 An. Defendant "D.S.I", Stabat District Court Decision No. 618/Pid.B/2016/PN.Stb., dated 20 December 2016 An. Defendant "E.L", and the Decision of the Stabat District Court No. 619/Pid.B/2016/PN.Stb., dated 20 December 2016 An. Defendant "E.D". The problems are: The form of criminal acts that occur in the acceptance of Candidates for Civil Servants in the Decision of the Stabat District Court No. 617, 618, and 619/Pid.B/2016/PN.Stb., dated December 20, 2016; How is the criminal liability; and how the legal analysis of the court's decisions. This research method is normative legal research. The nature of the research is descriptive analysis with a statutory approach. Court decisions obtained from the Registrar of the Stabat District Court were collected by field studies and by means of document studies. The analysis was conducted qualitatively. The results of the study: 1) Forms of criminal acts that can occur in the process of accepting Candidates for Civil Servants, among others: criminal acts of fraud; the criminal acts of data manipulation, and/or criminal falsification of letters and/or entering false information; and the crime of bribery (gratification). In the Decision of the Stabat District Court No. 617, 618, and 619/Pid.B/2016/PN.Stb., dated December 20, 2016 a criminal act of fraud; 2) Criminal liability in these decisions: a) The existence of criminal acts committed by the defendants, namely: criminal acts of fraud; b) There is an element of error in the form of intentional intent; c) The existence of the responsibility of the Defendants, and d) There is no excuse for the Defendants. Thus, the Defendants have fulfilled the elements to be sentenced to imprisonment; 3) Stabat District Court Decision No. 617, 618, and 619/Pid.B/2016/PN.Stb., dated December 20, 2016, are inappropriate in applying the law. Recommended to Law Enforcement Apparatus (APH), both Investigators who receive Police Reports, Public Prosecutors who sue the Defendant, and Judges who make decisions, when hearing the case of accepting Candidates for Civil Servants conducted by the Defendant who is also a Civil Servant (PNS), then the Anti- Corruption Law can be used.