Penerapan Ketentuan Pidana dalam Hukum Publik terhadap Tindak Pidana Korupsi Pengelolaan Dana Desa (Studi Kasus: Kepala Desa Tenjojaya)

Abstract

Village Fund corruption is a violation with complex impacts, not only causing state financial losses but also violating the socio-economic rights of the community and undermining the principles of good governance. This normative legal research analyzes the law enforcement mechanisms and the criminal liability of village heads, using a case study of Supreme Court Decision Number 5106 K/Pid.Sus/2022 concerning corruption in Tenjolaya Village, Sukabumi. Using statutory and case approaches, the research findings indicate that law enforcement has fulfilled procedural legal certainty. The ruling affirms the criminal liability of the village head based on the principles of vicarious liability and public accountability, in accordance with the elements of the Anti-Corruption Law.However, in substance, the decision is deemed not to have fully achieved justice. Although it imposed a prison sentence and the obligation to pay replacement money, the effectiveness of the state loss recovery mechanism and restorative aspects for the village community as direct victims remain limited. The research conclusion recommends a more holistic approach, where law enforcement officials need to consider more effective recovery mechanisms, while the government must strengthen prevention through the digitalization of village financial management, transparency, and enhancing the integrity of public officials.