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25 March 2022
PERAN KEJAKSAAN DALAM PENGEMBALIAN KERUGIAN NEGARA AKIBAT TINDAK PIDANA KORUPSI
Dinamika Hukum
Universitas Slamet Riyadi
đ Abstract
Prosecutors are functional officials who are authorized by law to act asprosecuting attorney.The judiciaryhas such an important and strategic rolebecause it is the front guard for law enforcement. The objective of this thesis is toexamine the role of prosecutors in the context of recovering state losses due tocriminal acts of corrption and examining barriers for prosecutors to recover statefinancial losses from corruptionThe approach method used in the discussion of this research is a normativejuridical approach. The normative juridical approach (Sunggono, 2011) is aproblem approach that is carried out by reviewing legislation and literature,journals, and legal materials related to regulations concerning The Role OfProsecutors In Repaying State Financial Losses As A Result Of Corruption.The results of the study show that the role of the prosecutor in efforts torecover state financial losses is in accordance with its functions and duties asregulated in Article 30 paragraph (1), (2) and paragraph (3) of Law Number 16 of2004 concerning the Republic of Indonesia Attorney General's Office, namely atthe Investigation stage. , Prosecutor Stage and Execution Stage (executor incriminal cases) Whereas those relating to the return of state losses regulated inLaw No.3 of 1971 concerning Eradication of Corruption Crimes, Law No. 31 of1999 concerning Eradication of Corruption Crime and Law No. 20 of 2001concerning Amendments to Law No. 31 of 1999 concerning Eradication ofCorruption Crimes. The process for recovering state losses due to criminal acts ofcorruption is carried out after a court decision is legally binding by summoningthe convicted party and/or his heirs to discuss the payment of compensation due tocorruption committed by the convict and after the compensation has been paid bythe convict to the prosecutor's office, the money is deposited to the State Treasuryby the Prosecutor's Office.Obstacles for the prosecutor in recovering state financial losses due tocriminal acts of corruption, namely that partially corrupted assets are not found,the convict is unable to pay replacement money, and the corrupted property hasbeen named to someone else.Keywords: Role of the Judiciary, Investigation to Implementation of CourtDecisions, Obstacles in recovering state financial losses
âšī¸ Informasi Publikasi
Tanggal Publikasi
25 March 2022
Volume / Nomor / Tahun
Volume 12, Nomor 1, Tahun 2022
đ HOW TO CITE
TANDYO SUGONDHO, "PERAN KEJAKSAAN DALAM PENGEMBALIAN KERUGIAN NEGARA AKIBAT TINDAK PIDANA KORUPSI," Dinamika Hukum, vol. 12, no. 1, Mar. 2022.
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