RATIO DECIDENDI HAKIM DALAM MENJATUHKAN PUTUS BEBAS PELAKU TINDAK PIDANA KORUPSI

Abstract

This study examines the legal considerations of the Panel of Judges in Decision Number 12/Pid.Sus-TPK/2023/PN Mks regarding the application of Article 2 in conjunction with Article 3 of the Corruption Law to the Defendant Ir. Muhammad Dahir. This study aims to assess the accuracy of the acquittal by linking it to the fulfillment of the elements of corruption and the objectives of the law. The method used is normative legal analysis with a legislative and case-based approach. The results of the study show that the elements of unlawful acts, abuse of authority, and state losses have been fulfilled due to negligence in supervision that reduced the quality of concrete below standards. The acquittal is considered inappropriate because it does not reflect a sense of justice, legal certainty, and criminal responsibility.

Keywords: Corruption, Acquittal, Ratio Decidendi.