UNSUR-UNSUR TINDAK PIDANA KORUPSI DANA DESA PADA PASAL 2 DAN PASAL 3 UNDANG-UNDANG TINDAK PIDANA KORUPSI

Abstrak

The components of corruption crimes are regulated in Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption Crimes, especially in the provisions of Articles 2 and 3. According to the Decision of the Constitutional Court of the Republic of Indonesia Number 25/PUU-XIV/2016, the term "may" in Law Number 31 of 1999 jo. Law Number 20 of 2001 concerning the Eradication of Corruption Crimes does not have binding legal force because contrary to the 1945 Constitution of the Republic of Indonesia. Therefore, Article 2 Paragraph (1) and Article 3 of the Corruption Law became a material rather than formal offense after the Constitutional Court's decision. In addition, the author also formulates problems related to the prosecutor's indictment that uses the provisions of Article 2 Paragraph (1) of the Corruption Law to the defendant who is a village head whether it is appropriate to use the provisions of the article.