Tindak Pidana Korupsi Dana Desa (Analisis Putusan Pengadilan Negeri Semarang No. 29/Pid.Sus-TPK/2020/PN Smg.)

Mayasari, Ela and , Muchamad Iksan, S.H., M.H. (2022) Tindak Pidana Korupsi Dana Desa (Analisis Putusan Pengadilan Negeri Semarang No. 29/Pid.Sus-TPK/2020/PN Smg.). Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

The development of criminal acts of corruption from year to year continues to increase, both from the amount of state financial losses and the number of cases that occur. Corruption behavior has spread to all levels of society, one of which is the village head who has committed a crime of corruption in village funds. This study aims to determine the application of criminal law to the crime of corruption in village funds in the decision No.29/Pid.Sus-TPK/2020/PN.Smg, to know the legal considerations of the judge in making a decision on the crime of corruption in village funds in the decision No.29 /Pid.Sus-TPK/2020/PN.Smg, and to find out how to punish corruption in an Islamic perspective. The approach method used is the normative approach, this type of research is descriptive, the form and type of data are major and minor premises, the method of collecting data from journal literature, library research and the internet, and the method of analysis is deductive. The results of the study stated that the application of criminal law both formally and materially in the crime of corruption in village funds in the decision No.29/Pid.Sus-TPK/2020/PN.Smg was appropriate and in terms of the application of material criminal law, the actions of the defendant Muhamad Jamal fulfilled the element of offense as a subsidiary indictment that has been indicted by the panel of judges that the defendant is proven guilty of committing a criminal act of corruption as regulated in Article 3 of Law No. 20 of 2001 concerning amendments to Law No. 31 of 1999 concerning the eradication of criminal acts of corruption. The panel of judges in making decisions uses juridical and non-juridical considerations. However, according to the author, the judge in making the decision should dig deeper into the non-juridical considerations, especially regarding things that incriminate the defendant. The law of corruption according to the opinion of fiqh scholars, by acclamation and consensus (ijma') is haram because it is contrary to the principle of maqashidussy shari'ah.

Item Type:	Thesis (Skripsi)
Uncontrolled Keywords:	Corruption, Village Fund, Village Head.
Subjects:	K Law K Law > KI Indonesia > KP Perdata
Divisions:	Fakultas Hukum > Hukum
Depositing User:	ELA MAYASARI
Date Deposited:	23 Feb 2022 04:14
Last Modified:	23 Feb 2022 04:14
URI:	http://eprints.ums.ac.id/id/eprint/98380

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