Optimization of the Corruption Court in Minimizing State Losses Due to Corruption

DOI

10.2991/978-2-494069-75-6_26How to use a DOI?

Keywords

financial; corruption; restorative

Abstract

The research aims to answer: (i) the arguments of the judiciary for corruption have not been able to minimize state losses due to corruption, and (ii) ideal efforts to optimize the judiciary for criminal acts of corruption to minimize state losses due to corruption. Penalties for perpetrators of corruption in Indonesia are dominated by imprisonment. This is less effective, especially in terms of recovering state assets and state financial losses due to corruption. The state is very disadvantaged, in addition to financial losses, the state must spend a lot of money on investigating corruption cases. It is necessary to optimize the judiciary for criminal acts of corruption to minimize state losses due to corruption as an effective effort to restore state financial losses and the overall costs incurred by the state in eradicating corruption. This article is normative using primary and secondary legal materials and is analyzed deductively with a legal, case, and conceptual approach. The results show: (i) the arguments of the judiciary for corruption have not been able to minimize state losses due to corruption, namely: legal substance is dominated by imprisonment and fines, limited legal options and facilities, traditional criminal-oriented community legal culture and political intervention in law enforcement for criminal acts of corruption; (ii) the ideal effort to optimize the judiciary for criminal acts of corruption to minimize state losses due to corruption is carried out by prioritizing restoration of state losses based on restorative justice and calculating the social costs of 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  - Ismunarno Ismunarno
AU  - Hartiwiningsih Hartiwiningsih
AU  - Isharyanto Isharyanto
PY  - 2022
DA  - 2022/12/16
TI  - Optimization of the Corruption Court in Minimizing State Losses Due to Corruption
BT  - Proceedings of the International Conference for Democracy and National Resilience 2022 (ICDNR 2022)
PB  - Atlantis Press
SP  - 208
EP  - 217
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-75-6_26
DO  - 10.2991/978-2-494069-75-6_26
ID  - Ismunarno2022
ER  -