Skripsi
ANALISIS YURIDIS TERHADAP PERUBAHAN PASAL DAKWAAN YANG TERBUKTI PADA TINGKAT KASASI DALAM KASUS KORUPSI BADAN USAHA MILIK NEGARA (STUDI PUTUSAN NOMOR 1076-K/PID.SUS/2025)
Corruption as an extraordinary crime has had a broad and multidimensional impact on society. The complexity of law enforcement is inseparable from the diversity of motives and increasingly modern modus operandi. This study examines one of the jurisprudence, namely Decision Number 1076_K/Pid.Sus/2025 which focuses on the change in the indictment article proven in the corruption crime committed by the former President Director of PT Pertamina Persero in the procurement of liquefied Natural Gas (LNG), which was originally proven under Article 2 of the Corruption Eradication Law, to Article 3 of the Corruption Eradication Law. This study aims to examine the suitability between the changes to the a quo article and the authority of the Supreme Court as judex juris, as well as to examine the proof of the aggravating elements of the crime for the Defendant. The research method used is a normative research method with a statute approach, a case approach, and a conceptual approach. The research results show that the Supreme Court's considerations were still based on the facts revealed in the previous court, so that the Agunog Court did not exceed its authority as judex juris. Furthermore, the evidence for aggravating the criminal sentence against the defendant was in accordance with the principle of negative evidence wettelijk bewijs theorie and was based on the provisions of Supreme Court Regulation Number 1 of 2020 concerning the Guidelines for Sentencing, Articles 2 and 3 of the Corruption Eradication Law.
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