SEBERAPA PENTING TERPENUHINYA UNSUR MENS REA DALAM PENETAPAN PERKARA PIDANA PADA KASUS KORUPSI DI INDONESIA

Abstract

The element of mens rea, or malicious intent, is essential in establishing criminal liability, including in corruption cases. This article aims to analyze the importance of the mens rea element in the process of proving and establishing corruption in Indonesia. Through a normative juridical approach and case studies of several court decisions, this research demonstrates that mens rea is not only related to the perpetrator's intent but also serves as a crucial indicator in distinguishing between administrative negligence and criminal acts. Furthermore, bureaucratic complexity and overlapping regulations often blur the line between procedural errors and intentional corruption. The findings of this study emphasize that strict and consistent fulfillment of the mens rea element is crucial to ensure legal justice, prevent excessive criminalization, and strengthen the legitimacy of the criminal justice system. Therefore, clearer standards of legal interpretation are needed, as well as increased capacity of law enforcement officials to understand and prove mens rea in every corruption case.