Consideration Panel of Judges in Decision Number 105/ Pid.Sus -TPK/2025/PN Surabaya concerning Criminal Act of Corruption Procurement Goods And Services

Abstract

Corruption in government procurement of goods and services is one of the most prevalent forms of corruption and significantly impacts state finances and public governance. Decision of the Corruption Court at the Surabaya District Court Number 105/Pid.Sus-TPK/2025/PN Surabaya concerns a corruption case related to the procurement of biopore construction services in hundreds of villages in Tuban Regency. This study aims to analyze the application of Article 2 paragraph (1) of Law Number 31 of 1999 on the Eradication of Corruption Crimes as amended by Law Number 20 of 2001, as well as to examine the legal reasoning and ratio decision employed by the judges in rendering the decision. The research adopts a normative juridical method using a statutory approach and a case approach. The findings indicate that the panel of judges considered the elements of unlawful conduct, enrichment of oneself or another person, and state financial loss to have been fulfilled based on the facts revealed during the trial and the admissible evidence. The ratio decidendi of the decision lies in the judges' conviction that the procurement irregularities were carried out regularly and were contrary not only to the formal regulations governing government procurement, but also to the principles of propriety, prudence, and accountability in the management of state finances. In its ruling, the court imposed a sentence of imprisonment and a fine, as well as an additional penalty in the form of compensation for state losses. From a normative perspective, the decision is in accordance with positive law; however, it still warrants evaluation from the standpoint of sentencing objectives to strengthen its deterrent effect and prevent corruption in the government procurement sector.