Analisis Penolakan Gugatan Ganti Kerugian dalam Penggabungan Perkara Tindak Pidana Korupsi Juliari P. Batubara (Perspektif Teori Hukum Progresif)

Abstract

The Corruption Eradication Commission (KPK) revealed the corruption case committed by Juliari P Batubara and 4 other people related to the procurement of Social Aid (BANSOS) for handling COVID-19. As many as 18 residents of West Jakarta and North Jakarta through the YLBHI victim advocacy team filed a combined lawsuit for compensation for the corruption case against Juliari P Batubara. This study aims to analyze the position of the victim in a corruption case and analyze the rejection of a claim for compensation in the corruption case of Juliari P Batubara by using progressive legal theory. This is a normative legal research that uses case, statutory and conceptual approaches. This study concludes that the position of the victim in a corruption case is divided into 2 types. That is, the direct victim is the state and the indirect victim that is subsequently divided into two more, namely the indirect an sich victim which is the community and the victim of reports on someone suspected of committing a criminal act of corruption. In the view of progressive law, the panel of judges examining the corruption case of Juliari P Batubara was shackled by legalistic-positivistic thinking in applying the provisions for merging cases contained in the Criminal Procedure Code. The panel of judges did not see that the lawsuit for compensation filed by the community was an attempt to obtain their full rights, bearing in mind that corruption was perpetrated against BANSOS funds in the face of the non-natural national disaster COVID-19 which caused a decline in people’s purchasing power and even a weakening of the national economy. This research suggests reformulation of Articles 98 – 101 of the Criminal Procedure Code regarding merging cases for compensation claims, so that procedures are simplified and accelerated recovery of victims of criminal acts can be achieved.