The Existence of Criminal Fine and Payment of Replacement Money in Enforcing Corruption Criminal Laws in the Corruption Court in Kupang, Indonesia

Abstract

Objectives: The primary objectives of this research are to identify and address the factors hindering the effective implementation of criminal fines and compensation payments in the context of combating corruption. Specifically, the research aims to identify obstacles to the enforcement of criminal fines and compensation payments in combating corruption, optimize criminal sanctions related to fines and compensation payments to contribute to the restitution of state finances, and propose a more balanced approach to punishment, particularly concerning fines with subsidiary imprisonment and compensation payments in the fight against corruption.
 
 Methods: The research employs both normative legal research methods and empirical legal research. The data sources and legal materials form the basis for descriptive juridical analysis within the jurisdiction of the NTT High Prosecutor's Office.
 
 Results: The research findings reveal several significant issues hindering the effective enforcement of criminal fines and compensation payments in corruption cases. Key results include defendants/convicts of corruption often opt for alternative penalties rather than paying fines or compensation, leading to related problems. Challenges surrounding the payment of compensation include unclear purposes, complexity in calculation, dualism in imposing the crime, misinterpretation of substitute prison sentences, disparities in sentence lengths, and suboptimal confiscation policies. Despite facultative punishment patterns, there are persistent arrears in criminal fines and compensation payments, amounting to significant sums, indicating ineffective implementation.
 
 Conclusion: The system of criminal penalties for fines and compensation payments outlined in corruption laws has not been effectively implemented. To address this, it is imperative for convicts to actively engage in repayment efforts throughout the law enforcement process. Additionally, reforms are needed to streamline procedures, clarify purposes, and ensure consistency in the imposition and execution of penalties, ultimately enhancing the efficacy of anti-corruption measures.