TINDAK PIDANA KORUPSI YANG DILAKUKAN SECARA BERSAMA-SAMA OLEH PEJABAT PEMBUAT KOMITMEN (PPK) KABUPATEN TELUK BINTUNI

(Studi Putusan Nomor:13/Pid.Sus-TPK/2020/PN MNK)

Abstract

This study examines the criminal liability of a Commitment Making Officer (PPK) in corruption cases, particularly regarding the ambiguity between administrative error and criminal misconduct under Article 3 of the Indonesian exposed to criminal sanctions despite the absence of clear intent to enrich themselves, raising concerns of over criminalization in public administration. This research employs normative legal methods using statutory, case, and conceptual approaches. Legal materials are analyzed qualitatively through deductive reasoning by examining the legal facts in Decision Number 13/Pid.Sus-TPK/2020/PN Mnk against the elements of Article 3, supported by theories of fault, abuse of authority, and official criminal liability. The findings reveal that the defendant’s conduct constitutes serious official negligence (culpa lata), reflected failure to verify work execution and improper contract control. Although no personal gain was proven, the actions enabled benefits to another party and caused state financial loss. Consequently, the legal elements of Article 3 are fulfilled, however, conceptually, the case is more accurately characterized as administrative negligence rather than intentional corruption.