Sanksi Pidana terhadap Pelaku Tindak Pidana Korupsi Dana Bantuan Sosial

Abstract

The amendment of Law Number 31 of 1999 to Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption is currently not in accordance with the development of lawsuits in the eyes of the public. Therefore, this research aims to analyse the legal arrangements for cases of corruption in social assistance funds and to examine the application of sanctions to perpetrators of corruption in social assistance funds. In this review, this research uses a normative type of research, using a statutory approach that investigates all legal aspects that arise. Primary law sources come from laws and regulations related to cases, while secondary law comes from legal books and journals that are correlated with issues in research. Data collection techniques by reading, recording, quoting, summarizing, and reviewing information and explanations collected from both legislation and literature. The results of the research reveal that in the legal guidelines Number 31 of 1999 amendments to Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption have not explicitly regulated violations of cases of corruption in social assistance funds, but perpetrators of violations of social assistance corruption can be sentenced to death on the grounds that the suspect of corruption in social assistance funds made a mistake by taking funds for social assistance for personal or group interests so as to fulfil the elements contained in Article 2 paragraph (2) of Law 31 of 1999 as amended by Law Number 20 of 2001 concerning Eradication of Criminal Acts of Corruption.