Norm of Recovery of State Financial Loss Because of Criminal Act of Corruption in Indonesia

Abstract

Corruption is a crime that causes the state financial loss. Against the state financial losses, it makes Law no. 31 of 1999 which has been amended by Law no. 20 of 2001 and may even be incorporated by Law no. 08 of 2010, sets policy that the state financial loss must be repaid or reimbursed by corruptor (Asset Recovery). Reimbursement of state financial losses requires clear law and regulation regarding the expropriation of the asset of convict of corruption and accompanied by evidence to avoid violating existing laws or regulations. The asset cannot be taken away without regarding the rights of suspects or defendants or convict. In Article 17, 18, 19, 26 and Article 28 of the Corruption Law, it is explained that the asset of the convict that is confiscated is a asset derived from the corruption or at least that has to do with the criminal act of corruption. Similarly, in Article 38 and 39 of the Criminal Procedure Code (KUHAP), it is explained that the goods which may be confiscated or seized are goods used or related to a crime. The process of law enforcement must be carried out in accordance with the ideals of law, the most important is how the establishment of justice, the existence of legal certainty and advantage. In enforcing the law, the Investigator or Public Prosecutor and Judge should not violate the law. Corruptors should be punished in accordance with the existing legal norms, but by prioritizing justice and keeping human rights.

Keywords: Corruption, Criminal Act, State Finance, Law Enforcement, Corruptor.