<![CDATA[The COVID-19 pandemic is very risky and requires quick action and policy-making for the safety of all. For this reason, the government has taken a policy related to using specific budget allocations by facilitating the procurement process of goods and services to prevent and handle COVID-19. Still, in the process, many acts have occurred that are detrimental to state finances. The method used in this thesis is the normative legal research method, which refers to legal norms with data sources obtained by examining library materials to obtain secondary data in the form of primary, secondary, and tertiary materials. The study results found that in the two decisions studied, the judges had carefully considered the legal facts in the trial but still had different interpretations regarding the element of "Unlawfully" in the Corruption Law. Several factors cause the provisions of Article 2 paragraph 2 of the Corruption Law not to be applied to perpetrators of corruption during the pandemic, namely from the Public Prosecutor, Panel of Examining Judges, and the applicable regulations. Criminal policy in overcoming corruption in the relationship between business actors and procurement officials is carried out in two ways: non-penal policy by increasing supervision. In contrast, penal policy has been carried out by making changes to the Corruption Crime Law. It is hoped that the Examining Judge can have uniformity in interpreting Article 2 and Article 3 of the Corruption Crime Law so that there is no disparity in punishment for corruption convicts so that no parties feel disappointed by the decisions made.]]>
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