ANALISIS PERAN TERDAKWA II DALAM PERKARA GRATIFIKASI TERHADAP PASAL 65 AYAT (1) KITAB UNDANG – UNDANG HUKUM PIDANA BERDASARKAN PUTUSAN NO. 6/PID.SUS-TPK/2024/PN.SBY DI PENGADILAN NEGERI TIPIKOR SURABAYA

In Indonesian law, it is known the principle of actus non facit reum nisi mens sit rea, which means "an act does not result in a person's guilt unless the person's mind is evil". Therefore, before the judge makes a decision, the panel of judges is obliged to consider a person's actions from all sides. This is the background for the author to analyze the role of defendant ii against article 65 paragraph (1) of the Criminal Code in case no. 6/pid.sus-tpk/2024/pn.sby for corruption crimes in the Surabaya Corruption District Court.
The method used in this study is the writing of empirical juridical law with a socio-legal approach method which is legal writing regarding the enforcement or implementation of normative legal provisions in action on every specific legal event that occurs in society to obtain writing data.
Based on the results of the research, which was obtained at the time of the evidentiary agenda in case no. 6/pid.sus-tpk/2024/pn.sby for corruption crimes at the Surabaya Corruption District Court. The role of defendant II is only proven to have committed a mistake with 1 (one) type of criminal act, in contrast to the role of defendant I who is proven to have committed active bribery because it is based on the facts revealed at the trial from the evidence submitted by the Public Prosecutor. So that this is not in accordance with the element to be able to apply article 65 of the Criminal Code to Defendant II in a single act with Defendant I Andhika Imam Wijaya.
Therefore, with this discrepancy, the judge in making a decision should be wiser and more precise in order to be able to give a verdict in accordance with the principles of justice (gerechtigheit), certainty (rechsecherheit) and usefulness (zwachmatigheit).