Return of Assets of the Criminal Action of Corruption and Some Problems in the Implementation

DOI

10.2991/978-2-494069-93-0_88How to use a DOI?

Keywords

asset return; corruption; criminal law

Abstract

The destruction of a country’s economic foundation can be caused by corruption. This happens because acts of corruption have taken large amounts of state money, which has an impact on the difficulty of the state in improving development for the community’s welfare. Therefore, every perpetrator of corruption must be responsible for returning state assets to the country itself. The annual report of Transparency International 2021 shows that Indonesia’s “achievement”, which is ranked 96 out of 180 countries as the most corrupt country in the world with a score of 38 (a score of 100 is clean from corruption), already has a law that can be used as an instrument to restore state financial assets. However, that has been corrupted, namely criminal, civil, and state administrative law. In criminal law, corrupt assets can be confiscated, auctioned and sold. In civil law, the state can claim compensation against corruptors. State Administrative Law; The official concerned must be responsible for returning state assets due to acts against the law of corruption that the official has carried out. Corrupted state assets are detrimental not only to the state but also to the state and its people. The formal procedural approach through criminal procedural law is currently unable to recover state losses, even though state assets which incidentally belong to the people; need to be saved. Therefore, the author argues, it is urgent to find other ways to save state assets, namely the return of assets of perpetrators of corruption (asset recovery). The author sees the state as a victim who must get protection, namely recovery from losses suffered by the state due to corruption.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Muhammad Fadli Nasution
PY  - 2023
DA  - 2023/01/25
TI  - Return of Assets of the Criminal Action of Corruption and Some Problems in the Implementation
BT  - Proceedings of the 3rd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2022)
PB  - Atlantis Press
SP  - 758
EP  - 769
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-93-0_88
DO  - 10.2991/978-2-494069-93-0_88
ID  - Nasution2023
ER  -