Criminalizing Corruption Actors in Natural Disasters: Analysis of Decision Number 22/PID.SUS.TPK/2019/PN.Mtr

Abstract

This study aims to explain the punishment for criminal acts of corruption after the natural disaster in Lombok in 2018 and to find out the application of the law and judges' considerations in Decision Number 22/PID.SUS.TPK/2019/PN.Mtr. This research uses normative research and methods of collecting legal materials using literature studies using information sources in the form of legislation, court decisions, books, and legal journals related to this research. The results of the study show that the actions taken by the State Civil Apparatus who commit criminal acts of corruption in collecting natural disaster aid funds are applied in Article 12 letter e of Law Number 20 of 2001 concerning the Eradication of Corruption Crimes. This is because the elements in the Article have been fulfilled. However, the judge in this case handed down a decision on Article 11 of Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption regarding people who accept bribes, even though it can be seen that the actions of the defendants in this case led more to extortion of mosque administrators. In an Islamic criminal perspective, it shows that corruption is included in Jarimah takzir whose punishment can be in the form of imprisonment, verbal reprimand, death penalty, taking and confiscation of property and removal of office, all takzir punishments are determined by a judge who has the authority to assess the appropriate punishment. with the defendant's actions.