EKSEKUSI UANG PENGGANTI DALAM TINDAK PIDANA KORUPSI (STUDI KASUS PADA KEJAKSAAN NEGERI BANYUASIN)
Daftar Isi:
- In the execution of additional criminal of execution money in exchange for corruption, the Prosecutor faces an obstacle about the minimum regulation of criminal substitute money and the tracking down of convicted assets, thereby hampering the process of recovering state losses. This type of research is empirical normative, with types and sources of data from primary and secondary data. The results of this study is, the implementation of the execution of money in exchange for corruption in domestic prosecutor’s office of Banyuasin is based on Article 18 of Law Number 31 of 1999 concerning Eradication of Corruption, and through payment mechanisms by issuing: Bill of Letters; Declaration of Ability to Pay; Payment Receipt; Letter of Submission; and sureendingexchange money to the injured institution. If the convict is not forthcoming on his property, tracking/searching is carried out, to be frozen, confiscated/seized, and auctioned. Constraints on the implementation of legal factors, namely the absence of regulation regarding: Attorney's discretion extending the payment deadline; the conversion of a subsidiary prison sentence if the convicted person cannot pay in full; and determination of the amount of criminal substitute money for the benefit of making claims. Facility factors: lack of technology to track the assets of convicted persons; decreased physical condition/value of confiscated goods. Cultural factors: lack of legal awareness of the convicted person and their family to be frank in reporting their property. Community factors: lack of public awareness that the effort to return the proceeds of corruption is the responsibility of law enforcement officers together with the community so that the community must take part in monitoring the assets of the perpetrators of corruption so that the convicted person will not embezzle and transfer his assets. Criminal law policy in the future is the government revising laws and regulations or establishing implementing regulations concerning: the discretion of the Prosecutor in extending the payment deadline; the conversion of a subsidiary prison sentence if the convicted person cannot pay in full; weighting of the principal and subsidiary prisons in prosecution; and data collection/confiscation of the suspect's property has been carried out since the investigation.