Optimization of Asset Recovery from the Results of Criminal Acts of Corruption Towards the Value of State Financial Losses

DOI

10.2991/978-2-38476-164-7_34How to use a DOI?

Keywords

Asset Recovery; Corruption; State Financial Losses

Abstract

Corruption must indeed be recognized as a scourge and a serious threat to the life of the nation and state. The existence of corruption as an extra-ordinary crime can later be implied as a crime whose settlement is carried out specifically. Various ways of handling corruption cases have been implemented in Indonesia, starting from preventive measures by instilling an anti-corruption mentality from an early age in children and legal counseling among adults to repressive measures by taking action against perpetrators of corruption. However, from the various ways of handling these corruption cases, there is a fact that the return on state financial losses is not commensurate with the losses incurred from acts of corruption. State financial losses caused by a criminal act of corruption, it is not certain that it can be recovered by returning state financial losses or confiscation of the convict’s property as a substitute for state financial losses, the value of which is only limited to the assets obtained by the convict. This certainly leads to the essence of recovering state financial losses as the goal of eradicating corruption. Disproportionate or disproportionate losses to state finances and returns to state financial losses have led to perceptions of ineffectiveness in eradicating corruption. This view is the focus of the theory of economic analysis of law, as stated by Robert Cooter and Thomas Ullen “The punishment’s extent should be proportional to the seriousness of the crime. Disproportionate punishment is wrong”. If asset recovery is an obligation of the perpetrators of corruption against state losses caused by their actions, then the disproportionate condition in returning state financial losses to state financial losses is an erroneous punishment. Meanwhile, the increase in the eradication of criminal acts of corruption shows that the expected effect of Article 18 of the Law on Corruption Eradication has not been optimal.

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.

Download article (PDF)

TY  - CONF
AU  - Ferry M. Kurniawan
PY  - 2023
DA  - 2023/12/21
TI  - Optimization of Asset Recovery from the Results of Criminal Acts of Corruption Towards the Value of State Financial Losses
BT  - Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
PB  - Atlantis Press
SP  - 365
EP  - 375
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-164-7_34
DO  - 10.2991/978-2-38476-164-7_34
ID  - Kurniawan2023
ER  -