KAJIAN HUKUM KASUS KORUPSI BANTUAN SOSIAL DARI KEMENTERIAN SOSIAL BERDASARKAN ALIRAN POSITIVISME

Abstract

This research examines and analyzes cases of corruption in social assistance from the Ministry of Social
Affairs during the Covid-19 pandemic based on analysis using positivism. This is because of the
conditions during the Covid-19 pandemic, where many people around the world are suffering and the
economy is unstable, but one of the officials from the Ministry of Social Affairs committed corruption
during the Covid-19 pandemic. Positivism is a school that believes that law comes from applicable
regulations, so what are the consequences of an official from the Ministry of Social Affairs committing
corruption during the Covid-19 pandemic. The method used is normative research with a problem
approach, namely the case approach and statutory approach. The results of this research show that
perpetrators who commit acts of corruption during the Covid-19 pandemic can receive the death penalty.
The provisions that apply are in Law Number 31 of 1999 concerning the Eradication of Corruption
Crimes consisting of Article 11, Article 12 letter a or Article 12 letter b, Article 12 letter (i), 5 paragraph
(1) letter a or Article 5 paragraph (1) letter b, and Article 13 and there are other regulations in the
Criminal Code, namely Article 55 paragraph 1 to 1.
Keywords:
Corruption, Covid-19 Pandemic, Ministry of Social Affairs, Positivism, Death Penalty