Pertanggung Jawaban Pidana Pelaku Korupsi dengan Modus Commitment Fee

Abstract

Indonesia, as a state governed by the rule of law, places the eradication of corruption as an essential part of realizing legal certainty and justice. Corrupt practices in government development projects continue to occur through various modes, one of which is the use of Commitment Fees in government construction projects. This study aims to analyze the criminal liability of perpetrators of corruption in the construction project of the Cooperative, Small and Medium Enterprises, and Trade Building through the Commitment Fee scheme based on Supreme Court Decision Number 3201 K/Pid.Sus/2023, as well as to examine the judges’ considerations in deciding the case. The research employed a normative juridical method with statutory and case approaches. The legal materials consisted of primary, secondary, and tertiary legal sources, which were analyzed qualitatively. The findings indicate that the acceptance of Commitment Fees by public officials constitutes an abuse of authority that fulfills the elements of corruption as regulated under Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption Crimes. The judges’ considerations in this case were based on the evidence presented, the relationship between the receipt of money and the official position held, as well as the existence of intentional abuse of authority.