ALTERNATIVE RETURN FOR STATE LOSSES IN CRIME CASES

Authors

  • Vivi Arfiani Siregar Universitas Islam Indragiri
  • Feni Puspitasari Universitas Islam Indragiri

DOI:

https://doi.org/10.53067/ijomral.v2i4.137

Keywords:

State, Corruption, Law

Abstract

State financial losses can take many forms, including the expenditure of state assets that exceed what should be issued by the state, loss of state assets that exceed what should be received, and reduced revenue from sources of state wealth that should obtain. From the criminal law perspective, corruption is hazardous for society, the nation, and the state. Losses to state finances and the country's economy are real consequences that form the basis for justifying the criminalization of forms of corruption in criminal law policies. This research is normative legal research based on secondary data obtained from legal hierarchies, laws, regulations, and developments in legal issues in Indonesia. The data and information obtained by the authors were analyzed by comparing normative provisions (das sollen) with reality (das sein) that occurs in society. This descriptive and analytical writing provides an overview accompanied by systematic, factual, and accurate explanations. Return of stolen state assets (stolen asset recovery) is critical for developing countries' development because it not only restores state assets but also aims to uphold the rule of law in a society where no one is above the law

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References

Ade Mahmud, Problems of Asset Recovery in Returning State Losses, Volume 11 Number 3, December 2018;

Artidjo Alkostar, State Financial Losses in the Perspective of Corruption Crimes, Journal of Varia Judiciary Number 275 October 2008;

Abd Razak Musahib, Returning State Finances from Corruption Crimes, Volume 3 Number 1, January 2015;

Abdul Latif, “Judge's Interpretation of Unlawful Elements After the Constitutional Court's Decision on the Review of PTPK Law," Journal of the Constitution 7, Number 3, the Year 2010;

Amrani, Hanafi, Elvani, Ayu Izza and Yasinta, Iqra Ayatina, “The Essence of the Existence of Article 4 of the Corruption Crime Eradication Law and Its Implementation in Law Enforcement Practices” Journal of the Islamic University of Indonesia, 2017;

Baharruddin Lopa, Corruption Crime and Law Enforcement print 2, Kompas Book Publishers, Jakarta, 2002;

Bambang Setyo Wahyudi, Recovery of State Financial Losses Through Money Laundering Lawsuits and Civil Lawsuits, Hanif Library, Surakarta, 2016;

Bambang Waluyo, Optimizing the eradication of corruption in Indonesia, Juridical Journal Edition 1, Number 2, Year 2017;

Basrief Arief, Recovery of Crime Proceeds Assets in Eradicating Corruption Crimes, Workshop on Recovery of Crime Assets, Mahupiki, Jakarta, 28-29 August 2014;

Bernadeta Maria Erna, The Role of the Prosecutor in Returning State Assets, National Seminar on Optimizing the Authority of the Attorney in Recovering Corruption Proceeds through Civil Law Instruments, Paguyuban Pasundan, FH Pasundan University, Bandung October 26, 2013;

Burhanuddin, Optimizing the Attorney's Authority in Returning Corruption Proceeds through Civil Law Instruments, National Seminar on Optimizing the Attorney's Authority in returning corruption proceeds through Civil Law Instruments, Pasundan Association, Pasundan University FHU, Bandung October 26, 2013.

Elwi Danil, Corruption Concept of Crime and Eradication, Raja Grafindo Persada, Jakarta 2012;

Hadi Purwadi, Optimizing the Recovery of State Financial Losses Due to Corruption Crimes Through Civil Lawsuits, National Seminar on Optimizing the Attorney's Authority in Returning Corruption Proceeds Assets Through Civil Legal Instruments, Bandung, October 26, 2013;

Law Number 31 of 1999 concerning the Eradication of Corruption Crimes;

Law Number 15 of 2004 concerning Examination of State Financial Management and Responsibility;

Law Number 7 of 2006 concerning the United Nations Convention Against Corruption;

Law Number 8 of 2010 concerns the Prevention and Eradication of Money Laundering Crimes.

Muhammad Yusuf, Seizing Corruptor's Assets (Solution for Eradicating Corruption in Indonesia), Kompas, Jakarta, 2013;

Rudi Pardede, Corruption in Indonesia, Problems and Prevention, Gramedia Pustaka Utama, Jakarta, 1991.

Romli Atmasasmita, Asset Recovery and Mutual Assistance in Criminal Matters, Criminal Law and Criminology Training Principles of Criminal Law and Criminology and Its Development Today, Mahupiki and Faculty of Law, Gadjah Mada University, Yogyakarta, 23-27 February 2014

Suhariyono AR, Draft Law on Confiscation of Criminal Assets, Workshop on Recovery of Criminal Acts of Assets, Mahupiki, Jakarta, 28-29 August 2014.

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Published

2023-07-10

How to Cite

Siregar, V. A. ., & Puspitasari, F. . (2023). ALTERNATIVE RETURN FOR STATE LOSSES IN CRIME CASES. International Journal of Multidisciplinary Research and Literature, 2(4), 481–491. https://doi.org/10.53067/ijomral.v2i4.137