E ISSN: 2583-049X
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International Journal of Advanced Multidisciplinary Research and Studies

Volume 4, Issue 6, 2024

Responsibilities of Construction Service Providers in Corruption Crimes: Analysis of Supreme Court Decision Number 1148 K/Pid.Sus/2020



Author(s): Taufik Hidayat, Dahlan, Darmawan

Abstract:

This study explores the theories of legal certainty and criminal responsibility concerning acts of corruption related to the construction of the perimeter fence for the Subulussalam Municipality Regional General Hospital (RSUD). It employs normative juridical methods, specifically library legal research, which involves examining literature and secondary data. Additionally, this research highlights the legal rationale behind the Corruption Crime Court Decision issued by the Banda Aceh District Court under No.39/Pid.Sus-TPK/2019/PN Bna on November 11, 2019, noting the dissenting opinion regarding the defendant's acquittal. Furthermore, it discusses the legal considerations of the Supreme Court's ruling, No. 1148 K/Pid.Sus/2020, dated June 2, 2020, which imposed a one-year prison sentence on the defendant. The inconsistency in the legal application of these two decisions results in legal uncertainty.


Keywords: Legal Certainty, Criminal Liability, Dissenting Opinion

Pages: 1218-1223

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