EKSAMINASI PUTUSAN NOMOR 56PID.SUS-TPK2021PN BDG TENTANG TINDAK PIDANA KORUPSI PENGADAAN BARANG DAN JASA

Abstract

The number of corruption cases in Indonesia is falling, but the rate of losses continues to rise every year. One of them, as happened to the accused Andri Wibawa through the decision No. 56/Pid.Sus-TPK/2021/PN Bdg. related to the corruption crime case of procurement of goods and services. The judge's assembly, by decision No. 56/Pid.Sus-TPK/2021/PN Bdg, ruled that the accused committed a corruption offence, as the accusation of the Prosecutor General (JPU) in a single indictment was not valid and convincing, and ordered the Accused to be released and to restore the rights of theaccused. As the elements of the alleged article were not fulfilled, the judge's assembly gave an independent ruling in favour of the accused. The single charges made by the JPU and the selection of articles are assessed inadequately and inappropriately, as well as the use of a single charge in this case is not maximum associated with the defendant's acts. As a result of the inadequate prosecution of the Prosecutor General and the judge's assembly was not allowed to give a judgment that exceeded the alleged article, the decision No. 56/Pid.Sus-TPK/2021/PN Bdg which stated that the accused was exempted from the lawsuit by the Judge Assembly had a fixed legal force.

Keywords: Corruption, acquisition, examination.