Judicial Considerations in Granting Acquittal (Vrijspraak) to the Defendant in a Corruption Case: A Study of Decision No. 22/Pid.Sus-TPK/2023/PN Kdi

Abstract

This research was conducted at the Kendari District Court employing a normative legal research methodology. Data were gathered via library research techniques, utilizing secondary data sources pertinent to the issues under examination, comprising primary legal materials (Indonesian Criminal Code [KUHP], Criminal Procedure Code [KUHAP], Republic of Indonesia Law No. 4 of 2004 on Judicial Power, Republic of Indonesia Law No. 31 of 1999 as amended by Law No. 20 of 2001 on the Eradication of Corruption Crimes, and other relevant legislation) alongside secondary legal materials (textbooks authored by legal experts, law journals, scholarly opinions, and academic publications). The analysis and discussion draw upon the judges' rationale, witness testimonies consistent with the expert opinion of Dr. Kurniawan Ilyas, S.H., M.H., and Minister of Public Works and Public Housing Regulation No. 28 of 2016 on Cost Estimate Budgets. Normative research emphasizes doctrinal analysis of legal norms without empirical fieldwork. Primary sources provide binding authority, while secondary materials offer interpretive depth. Judicial considerations integrate evidentiary alignment (witness statements) with regulatory frameworks like budgeting norms in corruption contexts. This approach ensures comprehensive legal evaluation.