ABSTRACT
LEGAL ANALYSIS OF MENS REA IN CRIMINAL PROSECUTION (Case Study of Decision No. 34/Pid.Sus-TPK/2025/PN Jkt.Pst Decision Tom Lembong)
By:
Diani Safarina
82338240016
This research is motivated by the importance of proving the element of mens rea as the basis for criminal liability in corruption offences related to public policy. This research aims to analyse the proof of mens rea, the application of criminal liability, and the legal considerations of the panel of judges in proving the element of unlawful act (wederrechtelijkheid) in Decision Number 34/Pid.Sus-TPK/2025/PN Jkt.Pst in the name of Thomas Trikasih Lembong. The research uses a normative juridical method with legislative, case, and conceptual approaches. Legal materials are analysed qualitatively using a descriptive-analytical method.The research results show that proving mens rea must be based on the relationship between the act, knowledge, intent, purpose, and the resulting consequences, so that financial loss to the state or unlawful acts do not by themselves prove criminal liability. Criminal liability must be based on the principle of legality and the principle of no punishment without guilt, as well as on the fulfilment of all elements of the crime and the existence of a blameworthy fault. In proving the unlawfulness, it is necessary to clearly distinguish between policy error, administrative error, and criminal wrongdoing, because policy or administrative errors do not automatically constitute a crime. Thus, comprehensive proof of mens rea and wederrechtelijkheid is necessary to ensure legal certainty, justice, and proportionality in the enforcement of corruption criminal law.
Keywords: Legal Analysis, Mensrea, Criminal Evidence
ABSTRACT
LEGAL ANALYSIS OF MENS REA IN CRIMINAL PROSECUTION (Case Study of Decision No. 34/Pid.Sus-TPK/2025/PN Jkt.Pst Decision Tom Lembong)
By:
Diani Safarina
82338240016
This research is motivated by the importance of proving the element of mens rea as the basis for criminal liability in corruption offences related to public policy. This research aims to analyse the proof of mens rea, the application of criminal liability, and the legal considerations of the panel of judges in proving the element of unlawful act (wederrechtelijkheid) in Decision Number 34/Pid.Sus-TPK/2025/PN Jkt.Pst in the name of Thomas Trikasih Lembong. The research uses a normative juridical method with legislative, case, and conceptual approaches. Legal materials are analysed qualitatively using a descriptive-analytical method.The research results show that proving mens rea must be based on the relationship between the act, knowledge, intent, purpose, and the resulting consequences, so that financial loss to the state or unlawful acts do not by themselves prove criminal liability. Criminal liability must be based on the principle of legality and the principle of no punishment without guilt, as well as on the fulfilment of all elements of the crime and the existence of a blameworthy fault. In proving the unlawfulness, it is necessary to clearly distinguish between policy error, administrative error, and criminal wrongdoing, because policy or administrative errors do not automatically constitute a crime. Thus, comprehensive proof of mens rea and wederrechtelijkheid is necessary to ensure legal certainty, justice, and proportionality in the enforcement of corruption criminal law.
Keywords: Legal Analysis, Mensrea, Criminal Evidence
