TINJAUAN YURIDIS TENTANG PERTANGGUNGJAWABAN PELAKU TINDAK PIDANA KORUPSI

Abstract

The improvement of society's social life, science and technology, has resulted in the growing of criminal acts. The aim of this study is to analyze the criminal liability of the corruption perpetrators and the judges considerations in deciding the case. The type of research that used is "Juridicial Normative" research, which is descriptive analysis, statute approaches, Case Approaches, Conceptual Approaches. The technique of collecting law materials is through literature study, then the analysis of Law is qualitative. The result of the research showed that The Judges of Ambon District Court, sentenced LI as the Head of Ambon City Environment and Waste. The primary consideration in imposing a criminal offense using Article 2 verse (1) is the End Year bonus payment started from 2019-2020. Therefore the Judges conclude that none of the elements of Article 2 verse (1) have been fulfilled. It’s proper to consider elements of the chapter against perpetrators of corruption, professional/office of the perpetrator should be considered.