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All Journal Integritas: Jurnal Antikorupsi Pamulang Law Review
Torang Fadly Panjaitan
Universitas Sumatera Utara
Law, Crime, Criminology & Criminal Justice

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The criminal liability of Civil Servants and Non-Governmental Organizations in corrupt collaboration Ananda Chrisna D. Panjaitan; Torang Fadly Panjaitan
Integritas: Jurnal Antikorupsi Vol 12 No 1 (2026): INTEGRITAS: Jurnal Antikorupsi
Publisher : Komisi Pemberantasan Korupsi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32697/integritas.v12i1.1682

Abstract

This article analyzes the expansion of the meaning of abuse of authority under Article 3 of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes, as amended by Law Number 20 of 2001. The principal issues examined include: (1) whether omission or deliberate inaction by an civil servants may be legally qualified as an abuse of authority and (2) how joint liability between civil servants and NGO may be constructed within the framework of corrupt practices. Through this methodological framework, the doctrinal boundaries of abuse of authority and participation were systematically examined. The findings indicate that an omission by an civil servants who is under a legal duty to act may be qualified as an abuse of authority where such omission is carried out consciously and with the intent to benefit oneself or another person, and where it results instate financial loss. Within the context of collaboration, the doctrine of participation (medepleger) serves as the juridical foundation for attributing joint criminal responsibility between civil servants and NGO actors. It is concluded that the expansion of the interpretation of Article 3 must be undertaken cautiously within the confines of the principle of legality, while remaining responsive to the evolving patterns of collaborative corruption.
Judicial Reasoning and Sentencing in Village Fund Corruption: Comparing Indonesian Court Decisions No. 8/Pid.Sus-TPK/2021/PN.Kdi and No. 138/Pid.Sus-TPK/2025/PN.Mdn Torang Fadly Panjaitan; Marlina; Sutiarnoto
Pamulang Law Review Vol. 9 No. 1 (2026)
Publisher : Prodi Hukum S1 - Fakultas Hukum - Universitas Pamulang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32493/palrev.v9i1.64026

Abstract

Village fund corruption presents a complex challenge for criminal law when the unlawful use of public funds arises from substantially different motives. This study examines judicial reasoning and sentencing in two village fund corruption cases involving contrasting circumstances: the use of village funds for personal enrichment and their use to finance urgent medical treatment for a village head’s seriously ill spouse. It aims to determine the extent to which mens rea should influence criminal liability and sentencing in village fund corruption. This normative legal research employs statutory and case approaches by comparatively examining Decision No. 8/Pid.Sus-TPK/2021/PN.Kdi and Decision No. 138/Pid.Sus-TPK/2025/PN.Mdn within the framework of Indonesian anti-corruption law and principles of criminal responsibility. The findings demonstrate that personal enrichment accompanied by unlawful intent justifies criminal liability when the objective and subjective elements of corruption are established. Conversely, unlawful village fund expenditure motivated by an urgent humanitarian circumstance requires a more nuanced assessment of culpability, particularly regarding mens rea, motive, and the degree of blameworthiness. The study concludes that adjudicating village fund corruption should not rely solely on financial irregularities but should integrate legality with substantive justice through a comprehensive assessment of the defendant’s culpability and the circumstances underlying the offense.
Co-Authors Ananda Chrisna D. Panjaitan Marlina Sutiarnoto