TINJAUAN YURIDIS PELAKSANAAN PERAMPASAN ASET PELAKU KORUPSI DALAM UPAYA PEMULIHAN KERUGIAN NEGARA
| Main Author: | ILALAHI, EBEN NESER S |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | ind |
| Terbitan: |
, 2015
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| Subjects: | |
| Online Access: |
https://eprints.untirta.ac.id/11531/1/TINJAUAN%20YURIDIS%20PELAKSANAAN%20PERAMPASAN%20ASET%20PELAKU%20KORUPSI%20DALAM%20UPAYA%20PEMULIHAN%20KERUGIAN%20NEGARA.pdf https://eprints.untirta.ac.id/11531/ |
Daftar Isi:
- According to Article 10 sub-b of the Criminal Code is a criminal deprivationadditional, further regulated by Articles 39-42 of the Criminal Code and Article 194 Criminal Procedure Code, the way is decided in conjunction with a conviction for corruption offenders deprived asset is an asset that is proven results, use , or have a direct connection with corruption and has been confiscated. If the actual observed Law No. 20 Year 2001 on Corruption Eradication has been set how asset expropriation proceeds of corruption, through a court decision that has obtained permanent legal force (inkracht van gewisjde). But the obstacles encountered in the implementation of many - as well as the constraints required a policy to a more advanced remedies. Returns the maximum state losses can be regarded as a form of eradicating corruption. The problems that the authors try to describe in this study about the state's recovery by the perpetrators of corruption through the expropriation of assets, to determine the constraints deprivation of assets for corruption and criminalization policy of the application of criminal sanctions to offenders who have submitted corrupted Asset recovery efforts losses State. This normative research using descriptive analytical method is a study that emphasizes the science of law and conduct an inventory of positive law relating to corruption and specifications of this research using normative juridical. Source of research data using secondary data consisting of primary materials that statutory provisions, secondary secondary materials are books and tertiary materials in the form of data from the internet. Based on the results of research known as Asset Recovery (Asset Recovery) is an important and integral part in the plenary of law enforcement that includes tracking, security, maintenance, confiscation and return of the stages has been attached to the duties and functions of law enforcement investigators and prosecutors as a public prosecutor and the executor then in order to deal with obstacles in the appropriation of assets Attorney Republic of Indonesia now has the Asset Recovery Center (PPA), the policy pursued in the context of anti-corruption law enforcement justice, namely through the major benchmarks that determine the parameters of the prosecution, based on the amount of financial loss to the state of corruption and how much effort and awareness of the offender to restore the country's financial losses