The Role of the Prosecutor in the Confiscation of Evidence of Bad Collectible Credit Guarantees in Investigations in the Criminal Act of Corruption, Misuse of Regional Company Finances

BKK Pringsurat Temanggung District

DOI

10.2991/978-2-38476-074-9_23How to use a DOI?

Keywords

Confiscation; Loan Collateral; Crime; Corruption

Abstract

The aims of this study were as follows: Identified and analyzed the role of the prosecutor in confiscating evidence of non-performing loan collateral in cases of corruption and financial abuse at PD BKK Pringsurat Kab. Temanggung. Efforts that taken by the prosecutor when there were a third party (non performing loan debtor) who made a loan return in the process of investigation and prosecution from a corruption case and financial abuse at PD BKK Pringsurat Kab. Temanggung. The methodology approaching used in this research was juridical-sociological research method. The specification in this study was analytical descriptive. Based on the results of this study, the role of the Public Prosecutor in handling evidence of loan collateral in the collectability of non-performing loan in the form of certificates of property rights, vehicle ownership certificate which could not be taken over, confiscated in cases of corruption and financial abuse at PD BKK Pringsurat Kab. Temanggung, and the procedure when debtor made a loan return during the investigation and prosecution of this case. The results of this study indicated that the prosecutor had the authority to investigate criminal acts of corruption and could carry out coercive measures, namely the confiscation of loan collateral in non-performing loan at the Regional Company PD BKK Pringsurat Kab Temanggung. Investigators conducted confiscation in accordance of the Criminal Procedure Code. Based on Article 19 of the Law on the Eradication of Criminal Acts of Corruption, the confiscation of evidence, there are obstacles, namely the confiscation efforts collide with Article 50 of Law no. 1 of 2004 concerning the State Treasury. However, the Investigating Prosecutor based on Article 19 of the Law on the Eradication of Criminal Acts of Corruption may consider a third party who has good intentions to pay off during the investigation and prosecution process which is then the result of the settlement as a rescue of state financial losses.

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  - Abdul Rahman
PY  - 2023
DA  - 2023/06/27
TI  - The Role of the Prosecutor in the Confiscation of Evidence of Bad Collectible Credit Guarantees in Investigations in the Criminal Act of Corruption, Misuse of Regional Company Finances
BT  - Proceedings of the 5th Legal International Conference and Studies (LICS 2022)
PB  - Atlantis Press
SP  - 204
EP  - 211
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-074-9_23
DO  - 10.2991/978-2-38476-074-9_23
ID  - Rahman2023
ER  -