Penerapan Teori Deelneming pada Putusan Hakim dalam Pemberantasan Tindak Pidana Korupsi (Studi Putusan Pengadilan Pidana Khusus Nomor 12/Pid.Sus-TPK/2024/PN Mnd)

Abstract

This research analyzes the application of the deelneming doctrine in Decision Number 12/Pid.Sus-TPK/2024/PN Mnd related to corruption in the management of village funds. This research uses normative juridical method with statutory and conceptual approaches. The results showed that the panel of judges applied Article 55 paragraph (1) to 1 of the Criminal Code appropriately in assessing the involvement of the defendant, the village secretary, and the village treasurer as part of the participation in the criminal act. The defendant as the village head was proven to act as the main perpetrator (pleger), while the village secretary and village treasurer acted as medepleger who participated in the implementation of the criminal act of corruption. This decision has a significant impact on village governance, especially in terms of transparency and accountability in the management of village funds. In addition, this decision provides a deterrent effect for other village officials and encourages the strengthening of supervisory mechanisms, both through the Village Consultative Body (BPD), the Regional Inspectorate, and village community participation. This study recommends strengthening the village financial supervision system, increasing the capacity of village heads and village officials through financial regulation training, and empowering the community in overseeing the use of village funds. With increased supervision and transparency, it is expected that cases of misuse of village funds can be minimized, so that the village government system becomes cleaner, more accountable, and oriented towards the interests of the community.