Budi Rahman
Program Studi Hukum, Fakultas Hukum, Universitas Sali Al-Aitaam

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Kebijakan Penerapan Penanggulangan Kejahatan Money Politic Melalui Hukum Pidana Dalam Penyelenggaraan Pemilihan Kepala Daerah yang Demokratis Budi Rahman
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 1 No. 1 (2023): Jurnal Kajian Hukum Dan Kebijakan Publik
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/z429gj85

Abstract

One of the challenges in elections is the rampant practice of money politics that takes place at almost all levels of elections and money politics is one of the factors causing high-cost democracy; The modus operandi/forms of money politics include: Distribution of money to voters; Distribution of sarong/cement/sugar and coffee/hijab/peci; The criminal responsibility for political money crimes is in accordance with Article 187 A paragraph (1) and paragraph (2) of Law Number 10 of 2016 concerning Amendments to Law Number 1 of 2015 concerning the Stipulation of Government Regulations in Lieu of Law Number 1 of 2014 concerning the Election of Governors, Regents, and Mayors into Law, which is punishable with a prison sentence of not less than 36 (thirty-six) months and a maximum of 72 (seventy-two) months and a fine of at least  Rp200,000,000.00 (two hundred million rupiah) and a maximum of Rp1,000,000,000.00 (one billion rupiah).
Application of the Unus Testis Nullus Testis Principle in Corruption Crime Cases: Study of Decision No. 2677/PAN.PN.WII.UI/HK.2.2/VI/2025 Budi Rahman
Indonesian Journal of Law and Economics Review Vol. 21 No. 2 (2026): May
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v21i2.1493

Abstract

General Background Criminal procedure law in Indonesia mandates that judicial decisions be grounded on lawful evidence and the principle of minimum proof to uphold the rule of law. Specific Background In corruption crime adjudication, witness testimony constitutes valid evidence under the Criminal Procedure Code (KUHAP), yet it cannot stand alone due to the principle of unus testis nullus testis, which requires at least two lawful pieces of evidence to establish guilt. Knowledge Gap Limited doctrinal analysis has examined how this evidentiary principle is applied in concrete corruption cases involving multiple defendants and contested indictments by the Corruption Eradication Commission (KPK). Aims This study analyzes the application of the unus testis nullus testis principle in Decision No. 2677/PAN.PN.WII.UI/HK.2.2/VI/2025 and evaluates the evidentiary basis of the KPK Public Prosecutor’s indictment against Defendant IV FCR. Results Using normative juridical research with a statute approach, the study finds that only one witness alleged the transfer of IDR 30,000,000 to Defendant IV FCR, while other testimonies and documentary statements contradicted this claim. The indictment also demonstrated inconsistencies in legal reasoning and classification of evidence. Consequently, the evidentiary threshold under Articles 183 and 185 KUHAP was not fulfilled, rendering the charge unproven. Novelty This article provides a structured doctrinal examination of evidentiary insufficiency in a multi-defendant corruption trial through systematic interpretation of statutory provisions. Implications The findings reaffirm the centrality of corroborated evidence in corruption prosecutions and underscore the necessity of strict adherence to evidentiary standards to ensure legal certainty and judicial fairness. Highlights: A single uncorroborated testimony was insufficient to establish criminal liability. Contradictions among witness statements weakened the prosecutorial argument. The indictment failed to satisfy the statutory minimum proof requirement, leading to acquittal. Keywords: Indictment, Corruption, Public Prosecutor, Pleadings, Defendant