Tinjauan Pengajuan Kasasi Penuntut Umum Terhadap Putusan Bebas Perkara Korupsi Dengan Alasan Kesalahan Penerapan Hukum Pembuktian Oleh Hakim Pengadilan Tipikor Bandung

Abstract

      Cases reviewed in the Supreme Court Verdict Number 1692 K/Pid.Sus/2014 is a corruption case by Boyke Priyono, as the director of the Regional Company Waluya (PD Waluya) of Sukabumi, who accept the offer of investment projects without the correct procedure, a clear proposal, permission from the Supervisory Board and the written agreement of both parties, resulting in a loss of Rp2.324.019.731,00 (two billion, three hundred and twenty four million nineteen thousand seven hundred and thirty-one rupiah). The act which is punishable by Article 2 paragraph (1) and Article 3 in conjunction with Article 18 paragraph (1) letter b of Law No. 20 of 2001 regarding amendments to the Law Number 31 of 1999 on Corruption Eradication jo Article 55 paragraph (1) 1st Criminal Code in conjunction with Article 64 paragraph 1 of the Criminal Code sentenced acquittal by The Bandung District Court’s Judge. After a cassation filed by The Prosecutor by reason the judex factie has misapplied the law of evidence, The Supreme Court’s Judge declared The Defendant guilty of corruption.

      The results showed misapplication of the rules of evidence by Judges of the Bandung District Court as the reason for Prosecutor's Cassation against the acquittal in corruption cases is in accordance with Article 253 paragraph (1) Code of Criminal Procedure. The reason of the Supreme Court’s Judge in examining and deciding Prosecutor’s Cassation on the basis of misapplication of rules of evidence by The Judges of the Bandung District Court against the acquittal of corruption cases is in accordance with Code of Criminal Procedure, particularly Article 253 paragraph (1) letter a is "Is it true that a rule of law is not applied or not applied as it should be" because judex facti has passed a decision without wisdom of the facts and evidence in the proceedings Bandung District Court.

      Keywords: Evidentiary, Acquittal, Prosecutor, Cassation, Corruption