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All Journal Jurnal Sakato Ekasakti Law Review
Putri Deyesi Rizki
Program Studi Magister Ilmu Hukum, Fakultas Hukum, Universitas Ekasakti, Padang
Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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PERTIMBANGAN HAKIM DALAM MENENTUKAN SUBJEK TINDAK PIDANA KORUPSI PENGADAAN BARANG DAN JASA PEMERINTAH Putri Deyesi Rizki
JURNAL SAKATO EKASAKTI LAW REVIEW Vol. 1 No. 1 (2022): Jurnal Sakato Ekasakti Law Review (April 2022)
Publisher : Program Magister Ilmu Hukum, Fakultas Hukum, LPPM Universitas Ekasakti dan Dharma Indonesia Tercinta (DINASTI) Publisher Group

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (195.279 KB) | DOI: 10.31933/jselr.v1i1.538

Abstract

Criminal liability in the Corruption Crime Act as stated in Article 2 paragraph (1) and Article 3. Judges' Considerations in Determining the Subject of the Criminal Acts of Corruption in the Procurement of Goods and Services in Court Decision Number 2421 K/PID.SUS/2016, namely there are Human subject. The consideration was that Defendant I had malicious intentions starting from planning tenders, conducting tenders, carrying out work and completing work, based on the facts that the Defendant tried to influence the auction process by appointing officials who did not have the expertise as PPK so that the PPK was incompetent and directed and ordered the tender committee. to win a friend's company by privileging and not evaluating. The Transfer of Legal Responsibility From Commitment Making Officials (PPK) to PA and KPA In the Decision Case Number: 2421 K/PID.SUS/2016 there are irregularities, where the Commitment Making Officer (PPK) as well as the Technical Implementation Officer of Activities (PPTK) are not made suspects but made witness. The existing legal issue is regarding the flow of case investigations that make the Commitment Making Officer (PPK) a witness. Based on the facts of the trial, there is some corroborating evidence that the Commitment Making Officer (PPK) as well as the Technical Implementation Officer (PPTK) must be responsible for the act.
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