Determination of State Financial Damages Performed by the Prosecutor in the Settlement of the Crime of Corruption

Bambang Daud,University Of Khairun Ternate

doi:10.47191/ijmra/v5-i3-06

Abstract

This study aims, firstly, to find out that the Attorney General's Office is authorized to calculate state financial losses based on the applicable laws and regulations. second, knowing that the court's legal considerations in deciding the elements of state financial losses are fulfilled based on the results of the calculation of the Prosecutor's Office. The problem to be answered is whether the Prosecutor's Office has the authority to calculate state financial losses based on the applicable laws and regulations? And how can the court's legal considerations in deciding the element of state financial loss be fulfilled based on the results of the prosecutor's calculation? The approach used is a statutory approach, a conceptual approach and a case approach by analyzing the Court's Decision, namely District Court Decision No. 9/Pid.Sus-TPK/2019/PN Tte

Highlights

That the crime of corruption is an extraordinary crime that damages and threatens the foundations of the nation's life
The problem of corruption is not a new problem in Indonesia, because it has existed since the era of the 1950s
Even various groups consider that corruption has become a part of life, become a system and integrate with the administration of state government (Chaerudin et al, 2009: 1)

Summary

INTRODUCTION

That the crime of corruption is an extraordinary crime that damages and threatens the foundations of the nation's life. Based on the provisions of these laws and regulations, in the field of law enforcement for the settlement of corruption cases, the prosecutor's office is not given the authority to calculate state losses because the elements of State Loss or the State Economy in Article 3 of Law Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption are elements important (essential). Based on the provisions of the applicable laws and regulations (be it Law Number 16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia, Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption and Law Number 30 of 2014 concerning Government Administration) and Decisions of the Constitutional Court (Decision No 26/PUU-XIV/2016 and No 31/PUU-X/2012) as well as Supreme Court Circular Letter No 4 of 2016 concerning the implementation of the formulation of the results of the plenary meeting of the Supreme Court Chamber of 2016.

Community Empowerment

Bridge Construction

Findings

10. Ball Registration