Mens Rea dalam Pembuktian Tindak Pidana Korupsi Pelaku Usaha Jasa Profesional: Putusan 171/PID.SUS-TPK/2025/PN MDN

Abstract

Corruption crimes fall into the category of extraordinary crimes that require the unity of actus reus and mens rea, in accordance with the principle of geen straf zonder schuld in Article 36 paragraphs (1) and (2) of Law No. 1 of 2023 concerning the Criminal Code. This research examines the position of mens rea in proving Articles 2 and 3 of the Anti-Corruption Law, as well as how the limits of dolus differentiate professional errors from criminal liability for corruption, using legislative, conceptual, and case law approaches considering Decision Number 171/Pid.Sus-TPK/2025/PN Mdn as primary legal material. The research results show that both articles require proof of dolus directus, not dolus indirectus or dolus eventualis, and the panel of judges rejected the indictment because the mere difference in audit results cannot replace the proof of dolus that stands alone. This finding emphasizes that the prosecution of corruption against professional service providers requires a strict standard of mens rea proof so that contractual breaches are not criminalized as corruption offenses.