ANALYSIS OF UNSURE VIOLATIONS UNDER ARTICLE 11 OF THE CRIMINAL ACTS OF CORRUPTION LAW IN CONSIDERATION OF THE LEGAL BASIS OF THE SUPREME COURT DECISIONS OF RI No: 3681K/ Pid.Sus/2019

Penulis

  • Joko Cahyono universitas kartini surabaya
  • Moh. Anugrah

Kata Kunci:

Legal Considerations, Corruption Crimes.

Abstrak

This study discusses the unsure violations under Article 11 of the Anti-Corruption Law as the basis for legal considerations of the Supreme Court Decision of RI No: 3681K/Pid.Sus/2019. The research method used is normative law. The Primary Legal Materials are the Criminal Code, the Criminal Procedure Code and Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption. The Secondary Legal Materials include legal theories. The results of the research conclusion are that if the perpetrator of a crime knows what is done and also the consequences of his action even though it is not for the intended purpose, the perpetrator has deliberately committed a criminal act. With the understanding of deliberateness above, it can be seen that the word deliberate is synonymous with intentional, so assessing the intention of someone who commits a crime is tantamount to assessing whether that person has deliberately committed a crime. Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption is dependent on proving the main offense, because the element 'public servant or state administrator' is an element of the offense that cannot stand alone and cannot be placed as the first element, therefore the element of each person can then be declared proven/fulfilled if the Defendant's actions are proven to fulfil other elements in the indicted article.

 

Unduhan

Diterbitkan

2022-03-08

Terbitan

Bagian

Tabel Of Content