The Ideal Concept of Regulation of Recovering State Financial Losses in Enforcement of Non-Criminal Corruption Laws Based on the Value of Justice

Abstract

The negative impact caused by criminal acts of corruption covers various areas of life. Corruption is a serious problem, because it can endanger the stability and security of society, disrupt the process of socio-economic development, political stability and national morality. The purpose of this study is to analyze and find regulations for recovering state financial losses in law enforcement of corruption crimes that are not based on the value of justice. In conducting the analysis is to find weaknesses in the regulation of the return of state financial losses in the current enforcement of criminal acts of corruption. Then to find the reconstruction of regulations for recovering state financial losses in law enforcement of corruption based on the value of justice. As for conducting the research, the Constructivism Paradigm was used, with a social legal research approach, the data used were primary data and secondary data. Whereas the results of the research found (1) The Regulation of Recovering State Financial Losses in Law Enforcement of Corruption Crimes is Not Based on the Value of Justice, due to the blurring of the norms in Article 18 (1) b and paragraph (2) with Law No. 20 of 2001 concerning Amendments to Law no. 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, states that the payment of replacement money in the maximum amount is the same as the property obtained from criminal acts of corruption. The implementation turned out that the payment of the replacement money was not in accordance with the amount of state financial losses. This can be seen in several judges' decisions, as well as in Article 18 paragraph (2) which is deemed less effective because many convicts who have been convicted of crimes in the form of paying replacement money in the end do not want to carry it out and then lose or transfer their property resulting in arrears in payment. replacement money penalty. This means that court decisions cannot be implemented, Reconstruction of Regulations in Recovering State Financial Losses in Law Enforcement of Corruption Crimes Based on the Value of Justice, including the reconstruction of legal norms in the provisions of Article 18 (1) b with Law No. 20 of 2001 concerning Amendments to Law no. 31 of 1999 concerning the Eradication of Corruption Crimes, states that the payment of replacement money which is the same amount as possible for assets obtained from criminal acts of corruption, becomes Article 18 paragraph (1) letter b of the Corruption Law which states that the payment of replacement money is as much as the amount is the same as the property obtained from the criminal act of corruption which is equivalent to the value of the price of gold, and then related to Article 18 paragraph (2) with Law no. 20 of 2001 concerning Amendments to Law no. 31 of 1999 concerning the Eradication of Corruption Crimes,

Keywords: Reconstruction; Payment: money; Substitute: justice

DOI: 10.7176/JLPG/131-07

Publication date: April 30^th 2023