Efforts of Recovery of Assets Results of Crime of Corruption Through Additional Criminal Payments in Replacement

DOI

10.2991/978-2-38476-074-9_33How to use a DOI?

Keywords

Additional Criminal; Assets; Corruption; Crime; Recovery; Substitution

Abstract

Corruption is a thing that is detrimental to state finances, so it is necessary to recover corrupt assets through additional payment of replacement money from the proceeds. However, the effectiveness of the implementation of replacement payments is still not optimal due to weaknesses in terms of legal substance, legal structure, and legal culture. Based on the above background, the authors formulate several problems, namely the effectiveness of law enforcement on corruption crimes through the recovery of assets resulting from criminal acts of corruption with additional criminal payments of replacement money based on Law Number 31 of 1999 jo. Law Number 20 of 2001, as well as efforts to recover assets resulting from criminal acts of corruption through additional criminal payments of replacement money in the context of law enforcement of criminal acts of corruption based on the perspective of justice. This study uses a normative juridical approach, with descriptive analytical research specifications. The data used in this study is secondary data obtained through literature study, then analyzed qualitatively using law enforcement theory, law effectiveness theory, and Islamic justice theory. The results of this study are: law enforcement of criminal acts of corruption through the recovery of assets resulting from criminal acts of corruption with additional criminal payments of replacement money has been effective but has not been maximized due to weaknesses, including: legal substance: criminal payments of money substitutes are facultative, Article 18 paragraph (3) UUPTPK is compromising, does not stipulate the calcula-tion of the conversion of imprisonment with replacement money, and there are no technical rules for the execution of substitute money; legal structure: judges subsidize replacement money, difficulties for investigators to track assets, judges are positivistic-legalistic, disparities in substitute imprison-ment, judges have difficulty determining corruption assets, and there is no coordination between law enforcers, and legal culture: the convict’s bad faith not to pay a substitute sentence, and lack of public legal awareness; efforts to recover assets resulting from criminal acts of corruption through additional criminal payments of replacement money in the context of law enforcement of criminal acts of corruption based on a justice perspective, among others are: legal substance: the existence of guidelines for criminal penalties for subsidiary, renewal the authority of the Attorney General, renewal of the remission policy, legal reconstruction of the defendant’s property, legal structure: confiscation of assets, imposition of substitute money without a subsidiary.

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  - Lena
AU  - Ida Musofiana
PY  - 2023
DA  - 2023/06/27
TI  - Efforts of Recovery of Assets Results of Crime of Corruption Through Additional Criminal Payments in Replacement
BT  - Proceedings of the 5th Legal International Conference and Studies (LICS 2022)
PB  - Atlantis Press
SP  - 280
EP  - 286
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-074-9_33
DO  - 10.2991/978-2-38476-074-9_33
ID  - 2023
ER  -