RETURNS OF ASSETS IN CORRUPTION CRIMINAL ACTS AS ALTERNATIVE RESTORING STATE LOSSES

Komang Ekayana

doi:10.23887/jmpppkn.v2i1.82

Abstract

Corrupted state assets certainly hurt the country narrowly, but also broadly where it harms the country and its people. However, the formal approach through the current criminal procedure law has not been able to recover the losses suffered by the state. In fact, state losses resulting from corruption are state assets that must be saved. Then there needs to be a new breakthrough to recover state losses through the asset recovery model. When looking at the country from the perspective of the victims, the state must obtain protection, in this case recovery from the losses suffered due to corruption. This paper examines the model of returning assets resulting from corruption in the law enforcement process that focuses on the rule of law in the 2003 UNCAC Convention and the mechanism of returning state assets in terms of Law No. 20 of 2001 concerning amendments to Law No. 31 of 1999 concerning Eradication of Corruption Crimes.

Highlights

One of the most criminal cases which caught the attention of the Indonesian people in recent years is the corruption case
There is a need for a new breakthrough to recover state losses through an asset recovery model that is experienced by the state outside of the principal crime in order to maximize the additional crimes prosecuted against the corruptors
To understand what state losses are like so that an action can be said to have harmed state assets through corruption is a loss caused to the country's finances or the country's economy

Summary

Introduction

One of the most criminal cases which caught the attention of the Indonesian people in recent years is the corruption case. Where, this case involves a variety of professional backgrounds, both judges, prosecutors, police, members of the council, governors, mayors, regents, to businessmen. This means a barrier to recovering state losses From this problem, in recent years the idea has been to impoverish corruptors by confiscating assets of corruption. There is a need for a new breakthrough to recover state losses through an asset recovery model that is experienced by the state outside of the principal crime in order to maximize the additional crimes prosecuted against the corruptors

Objectives

Discussion

Conclusion