Analysis of the Basis of the Decisions of the Judges in the Criminal Proceedings of Corruption at Perusda Aneka Services (AUJ) Bontang

Abstract

A criminal offense or punishable act is a breach of norms committed by an actor, intentionally or unintentionally, with the conviction of the perpetrator aimed at maintaining the rule of law and safeguarding the public interest. The constituent elements include conduct and consequences, circumstances accompanying or accompanying the act, additional circumstances aggravating the offense, objective unlawful elements, and subjective unlawful elements. As in decision No. 11/Pid.Sus.Tpk/2020/Pn Smr, where the jury did not consider all the aspects that should be included in the basis for considering the decision, which is in the element of receiving and in the element of gratuity is understood as actual acceptance, actual transfer of control over the item, direct or indirect receipt of the goods/items/gifts or if the item was not accepted, confirmation of acceptance by the recipient. The reward element refers to the explanation of Article 12b of the Anti-Corruption Act. In the case of satisfaction and justice in the case Decision No. 11/Pid.sus.TPK/2020/PN Smr, Referring to the decision of the judge in the corruption case Dandi Prio Anggono, S.Sos as director of the Regional Enterprises and Services Company whose where the jury did not consider all the aspects that should be included in the basis for considering the decision, decision that found the accused guilty. In the decision of the defendant Dandi Prio Anggono, S. Sos, the judge's panel ordered the defendant to pay compensation of Rp. because the defendant had finally proved and collectively committed a criminal act of corruption and knowingly passed on funds to several people including the DPRD, but in the claims for compensation demanded money, and persons who received the flow of money non-prosecuted evidence in the dictum of the prosecutor's statements of the indictment, therefore the decision was based on the principle of evidence with tools and evidence and the witness, in accepting the decision, the judiciary issued a decision finding the accused guilty.