PENEGAKAN HUKUM TINDAK PIDANA KORUPSI PENYALAHGUNAAN ANGGARAN DANA DESA DI DESA SELOSABRANG KECAMATAN BEJEN KABUPATEN TEMANGGUNG

Abstrak

Nowadays, corruption cases occur in almost all circles, from the central government to regional governments. One of the things that is currently in the spotlight in regional government is the large number of corruption cases that have occurred regarding the management of village fund budgets and village fund allocation. As for the meaning of village funds, according to Law Number 6 of 2014 concerning Villages, village funds are funds allocated in the APBN, intended for villages and used to finance government administration, implementation of development, community development and community empowerment.The aim of this research is to determine law enforcement and the basis for the judge's consideration of the criminal act of village fund corruption in Decision Number: 62 /PID.SUS-TPK/2018/PN.SMG.

This research method uses a type of normative legal research, namely legal research regarding the enactment and implementation of normative legal provisions (codification, laws, or contracts) in action at each specific legal event that occurs in society. This research is descriptive in nature, namely research that uses collected data sources that are closely related to the research, then analyzed and described from the data obtained.

The research results show that law enforcement against criminal acts of corruption and misuse of village budget funds in a village involves various aspects, including law, prevention, investigation and law enforcement. The following are several elements that can be part of a law enforcement analysis related to criminal acts of corruption and misuse of village funds in a village: The analysis begins by reviewing the laws and regulations related to village funds and preventing corruption. This involves the Village Law, government regulations related to village fund budget management, and criminal law related to corruption. Assess whether the village government structure has been regulated in accordance with applicable regulations and whether there is an effective monitoring mechanism. Article 3 in conjunction with Article 18 of Law no. 31 of 1999 concerning the Eradication of Corruption Crimes which has been amended by Law no. 20 of 2001 in conjunction with Article 55 paragraph (1) 1 of the Criminal Code. The defendant MU'ADI bin SAWARI was not proven to have committed a crime with imprisonment for 1 (one) year and 2 (two) months, and a fine of IDR 50,000,000 (fifty million rupiah) with the provision that if the fine is not paid then replaced with imprisonment for 1 (one) month.

Keywords: Law Enforcement Crime Corruption Abuse Village Fund Budget