Free Decision on Cassation in Corruption Crime Case Bank Indonesia Liquidity Assistance: Analysis of Supreme Court Cassation Decision Number 1555 K/Pid.Sus/2019

Abstract

This study describes the considerations of the Panel of Judges of the Supreme Court of the Republic of Indonesia in Decision Number: 1555k/Pid.Sus/2019) regarding Bank Indonesia Liquidity Assistance (BLBI) which was born from an emergency or abnormal condition. So that special laws are given that are emergency law and lex specialist law. In addition to indications of errors in the application of the State Treasury Act as the legal basis for placing the issuance of SKL as an unlawful act. This research uses normative-empirical research. Through a research approach to legislation (statute approach), and also through a case approach (case approach). The results of this study indicate that the defendant has legally and convincingly committed a criminal act of corruption as determined by the Panel of Judges of the Central Jakarta District Court in conjunction with the DKI Jakarta High Court. However, the Supreme Court later annulled the two previous decisions and decided to be free from legal entanglement, on the grounds that the judex facti had been wrong and made a mistake in applying the law. But on the other hand, the Supreme Court entered the judex facti which was the authority of the previous Court. Though it should focus on judex juris. It also pays less attention to the Anti-Corruption Law Number 20 of 2001.