Tinjauan Yuridis Pengembalian Uang Negara Pada Tindak Pidana Korupsi

Abstract

The criminal act of corruption in essence is an act that can harm state finances and the country's economy; therefore, corruptors must return the state money they have taken. The problem is how to return the state's money to criminal acts of corruption? What are the legal consequences if the perpetrators cannot return state money from the proceeds of corruption?The approach taken is normative juridical and empirical juridical. Primary and secondary data types. Primary, secondary and tertiary data sources. Data collection by literature study, field study. Data processing includes data selection and data classification. Data analysis used is qualitative analysis.In conclusion, the return of state funds for corruption has been regulated in the Attorney General's Decree Number Kep-518/JA/11/2001 dated 1 November 2001 concerning the mechanism for payment of replacement money. Based on the research results, it is known that the obstacle faced in returning state finances to corruption is that corruptors prefer to serve prison terms rather than having to pay compensation due to legal consequences if the perpetrators cannot return state funds from the proceeds of corruption based on applicable laws that the perpetrators only carry out subsidiary crimes and imprisonment. Indeed, in substance this is very detrimental to the state because corruption only convicts the perpetrators without being able to return state finances. So that until now state money resulting from corruption cannot be fully returned to the state. Suggestions, for the legislature to review the law on corruption which regulates the return of state finances resulting from corruption so that state finances resulting from corruption can be returned to the state. For the wider community, it is better for the government to eradicate criminal acts of corruption, starting from their own environment and themselves.