Efforts of The Prosecutor as State Attorney to Recovery Recovery of State Losses Through Replacement Money

Abstract

Purpose: The Corruption Law in Indonesia faces technical and normative challenges in collecting compensation for state losses. Technical obstacles include concealment of assets, inability of convicts or heirs to pay compensation, and rejection by heirs or third parties. In addition, corruptors often prefer to serve additional prison sentences as a substitute for compensation money. This law also lacks legal certainty and is disproportionate in regulating additional prison sentences. This research aims to find out the efforts of the Prosecutor as State Attorney in the effectiveness of returning compensation for State losses through the prosecution and execution of compensation for State losses resulting from criminal acts of corruption. Methode: This research is a normative-juridical type of research. Supported by 4 (four) approaches, philosophical approach, legislative approach, conceptual approach, and case approach. Result: The efforts of the State Attorney's Office in the field of prosecution by carrying out investigations, confiscation, prosecution, and confiscation of assets based on the judge's decision, auction, and execution, through the Prosecutor's Office's Asset Recovery Center (PPA) unit. Meanwhile, in the civil sector, by carrying out or facing a civil lawsuit by the suspect or a third party who objects to the action of confiscating property owned or under the control of the suspect. As in the investigation into the Jiwasraya and Asabri Corruption cases.