Pengembalian Aset pada Tindak Pidana Korupsi Di Maluku Melalui Uang Pengganti

Abstract

Corruption is an extraordinary crime in Indonesia. The number of cases that occur and the amount of state financial losses always adorn the news in the mass media and are very disturbing to the public. The research method used is empiris juridical, which is a research.The substitute money penalty is indeed formulated as an additional crime, its facultative nature only adds to the main criminal sanction. Imposition of replacement money is very dependent on the discretion of the judge in assessing the evidence that appears in the trial. Confiscation of assets resulting from corruption or means of corruption through criminal prosecution if the public prosecutor can prove the guilt of the defendant in committing the criminal act of corruption and the assets that have been confiscated in the case are the proceeds of the crime of corruption. Confiscation of assets resulting from criminal acts that cause losses to state finances can be carried out in two ways, namely confiscation of assets through criminal channels and confiscation through civil lawsuits. -asset. Confiscation of assets through a civil lawsuit is carried out if it is known that there are still assets belonging to the convict which are suspected or reasonably suspected.