Payment of Money in Lieu of the Crime of Corruption in the Recovery of Assets

Abstract

In terms of sanctions, the Law on the Eradication of Criminal Acts of Corruption adheres to a double track system, in the sense that in addition to criminal sanctions, it also contains civil sanctions, namely additional penalties in the form of payment of replacement money. So that the law enforcement of corruption in addition to being oriented to “follow the suspect” and “follow the money”, to recover state financial losses. The purpose of this research is to analyze the criminal urgency of paying replacement money in corruption crimes and to analyze the criteria for corruption crimes that can be imposed with additional criminal sanctions. This legal research is a prescriptive normative legal research, with a law approach and a concept approach, using primary and secondary legal materials. The results of this study, (a). The urgency of imposing a penalty for paying compensation is to recover state financial losses from corruption, in which case corruption involving state finances is an act that robs the community of socio-economic rights as stated in the 1945 Constitution, and the penalty for replacement money that has been paid by the convict can be used to “promote the general welfare”. (b). The criteria for imposing a substitute money penalty are: (1). the criminal act of corruption committed by the defendant has caused state financial losses; (2). The defendant has obtained property from the act of corruption he has committed; and (3). The defendant has not returned the state financial loss in the amount of the property he has obtained.