Legal Certainty on Asset Return Procedure from Proceedings of Corruption Criminal Acts to Return Losses to the State

Abstract

Current developments show that the management of State/Regional property is not merely administrative, but more advanced thinking in handling state assets properly, not the other way around the state suffers losses from the management of state property due to the misuse of state property. This reality is not in line with asset return theory that is faithful to the principle of “give the state what is due to it.” Based on the results of the research, state property is all goods purchased or obtained at the expense of the state revenue and expenditure budget or regional revenue budget or originating from other legitimate acquisitions. The management of state property must be carried out based on laws and regulations as well as the principles of decency and justice. Qualifications of acts in crimes against state property: criminal acts of theft, extortion, threats, embezzlement, fraud, acts detrimental to state finances, acts detrimental to the state, destruction and destruction of state property and collection of proceeds of crime against state property. The problem of asset recovery is faced with the reality of the inability of corruption convicts to pay criminal compensation money because it is normatively possible in Article 18 paragraph (3) of Law Number 31 of 1999 concerning Eradication of Corruption Crimes. Even though in fact there are still hidden assets belonging to the convict that have not been confiscated by law enforcement. As a result, asset recovery cannot be achieved because the convict chooses to undergo a subsidiary sentence and the state continues to lose money.