ANALISIS PERTIMBANGAN HAKIM TERHADAP PEMBUKTIAN KESALAHAN TERDAKWA DALAM KASUS KORUPSI IMPOR GULA (STUDI KASUS PUTUSAN NOMOR 34/PID.SUS/TPK/2025/PN JKT.PST)

Abstract

This study examines whether the discretionary act related to sugar imports carried out by Minister of Trade Thomas Trikasih Lembong can be categorized as a criminal act of corruption, and how the elements of Article 55 paragraph (1) point 1 of the Criminal Code explain the causal link (mens rea) between the defendant as minister And private parties as import executors. This study aims to determine the limits of criminal liability for public officials in the exercise of discretion and analyze the proof of the elements of actus reus And mens rea. This study is a normative legal research with a legislative and case approach, this study analyzes primary and secondary legal materials. The research finding that the judge focused more on the impact of state finansial losses without adequately proving the defendant’s malicious intent (mens rea), thereby violating the principle of geen straf zonder schuld. The trial facts revealed that the sugar impor policy was carried out on presidential orders to stabilize sugar supply and prices, with no evidence of personal  gain by the defendant. This raises serious juridical concerns requiring greater judicial caution in distinguishing administrative policy from criminal corruption.