PENERAPAN PASAL 2 AYAT (2) UNDANG-UNDANG NOMOR 20 TAHUN 2001 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 31 TAHUN 1999 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI TERHADAP PELAKU TINDAK PIDANA KORUPSI BANTUAN BENCANA

Abstract

In essence, corruption can damage the structure of government, and become a
major obstacle to the running of government and development in general. One of the
causes of non-optimal development is the practice of corruption, because corruption
affects the investment climate, economic growth and increases people's income. In
Indonesia, the perpetrators of criminal acts of corruption at a certain period can be
sentenced to death by a judge. However, none of the perpetrators of the Corruption
Crime of disaster relief funds have been sentenced to a death penalty in accordance
with the Corruption Crime Act, in the conditions of the Covid-19 Pandemic, they have
fulfilled the elements under certain conditions. The objectives of this research are:
first, to find out the application of Article 2 paragraph (2) of Law Number 20 of 2001
concerning amendments to Law Number 31 of 1999 concerning the Crime of
Corruption against the perpetrators of Corruption Crime of Disaster Assistance,
second, to know that the judge's consideration is not applied Article 2 paragraph (2)
of Law Number 20 of 2001 concerning amendments to Law Number 31 of 1999
concerning criminal acts of corruption against perpetrators of corruption in disaster
assistance.
The author conducts research using normative juridical methods or literature
studies in order to obtain secondary data through documentary studies, namely by
studying and analyzing comparatively deductively against laws and regulations with
theories that have a relationship with the problems studied.
From the results of the research, there are two main problems: first, how is the
application of Article 2 paragraph (2) of Law Number 20 of 2001 concerning
amendments to Law Number 31 of 1999 concerning Corruption Crimes against
Corruption Criminal Act perpetrators of Disaster Assistance, second, 2 What is the
judge's consideration not to apply Article 2 paragraph (2) of Law Number 20 of 2001
concerning amendments to Law Number 31 of 1999 concerning criminal acts of
corruption against perpetrators of corruption in disaster assistance. The author's
suggestion from the results of this study, it is hoped that the judge can implement the
applicable Constitution, which has regulated the death penalty, which can be imposed
at a certain time, in which case the Covid19 pandemic conditions have met the
elements of certain conditions. It is hoped that the Judge in considering a decision in
accordance with the crime committed so that justice always exists in this country.
Keywords: Corruption of Covid19 Pandemic Aid Funds