ANALISIS YURIDIS PENERAPAN SANKSI PIDANA TERHADAP OKNUM PEJABAT PEMERINTAH DESA DALAM TINDAK PIDANA KORUPSI ALOKASI ANGGARAN DESA

Abstract

Abuse of authority which has implications for the most criminal acts of corruption because the perpetrators are not only from people who stand or stand strategically in the government and state system located in the Capital City of the State. Therefore this thesis discusses the juridical analysis of the implementation of criminal sanctions against individual village government officials in the crime of village budget corruption.
This type of research used in this research is to use normative research, namely the absence of a procedure between the judge's decision and the existing rules in the Corruption Eradication Act. Sources of data used, namely: primary legal materials, secondary legal materials and tertiary legal materials. Data collection techniques be it all literature books, whether primary, secondary or tertiary legal materials related to research problems. This study was analyzed using qualitative analysis.
The results of this thesis research are first, the perpetrators of criminal acts of corruption committed by the village head should be charged with Article 3 of the Corruption Eradication Law, because it is very clear in Article 3 that there is an "element of abusing authority, opportunity or existing means because position or position ”, whereas in Article 2 there is no such element even though the village head can also be charged under Article 2 with the element of“ everyone ”. Because basically the village head is part of the government official who has the task and function of running the government in the village. Ideally, every perpetrator of a criminal act of corruption by unscrupulous village government officials / village heads should be convicted maximally as stipulated in Article 3 of the Corruption Eradication Law. The two basic considerations for judges and the legal basis for judges in applying Article 2 of the Law on the Eradication of Corruption in criminal acts of corruption by village government officials are because they have fulfilled the elements as perpetrators of criminal acts of corruption, namely everyone who means an individual, then against the law to do an act of enriching oneself or another person or a corporation that can harm the state or the country's economy.
Keywords: Corruption Crime - Village Budget Allocation