Criminal Liability in the Land Procurement Corruption Iain Imam Bonjol Padang Year 2010 (Study of Decision No. 26 / Pid.Sus / TPK / 2016 / PN / PDG)

Abstract

Land procurement IAIN Imam Bonjol Padang Year 2010 was carried out directly by Prof. Dr. Sirajuddin Zar, M.A. as the Chancellor of IAIN Imam Bonjol Padang who was assisted by 4 (four) committees namely the land procurement committee, the secretariat committee, the task force (Satgas) and the Field Assistance Team. In addition to the 4 (four) committees, the land procurement of Imam Bonjol Padang in 2010 also involved Commitment Making Officers (PPK), the Examining and Recipient Committee, the Appraisal Team and Notary Public. To answer these problems, the authors in this study used a normative research method with a normative juridical approach and analytical descriptive research. After the authors analyze the theory of criminal liability and authority, the process of land procurement for Imam Bonjol Padang IAIN belongs to the procurement of land for development other than for public use which is carried out directly by IAIN Imam Bonjol Padang. Proof of corruption in land procurement IAIN Imam Bonjol Padang it must be proved from the elements of criminal acts and errors in accordance with the rules become a reference in land procurement IAIN Imam Bonjol Padang. Criminal liability in criminal acts of land procurement IAIN Imam Bonjol Padang in 2010 cannot be charged to the land procurement committee because one of the elements in criminal liability is not fulfilled, namely the element of criminal action. Therefore, the judge's consideration in decision No. 26 / Pid.Sus / TPK / 2019 / PN.PDG is wrong because the Defendant has not been proven to have committed an unlawful act as charged by the Public Prosecutor, so that the right decision for the Defendant is a free decision.