Penerapan Penghitungan Kerugian Keuangan Negara Dalam Tindak Pidana Korupsi

Ramon, Enoki (2021) Penerapan Penghitungan Kerugian Keuangan Negara Dalam Tindak Pidana Korupsi. Masters thesis, Universitas Islam Riau.

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Abstract

Abstract Corruption is an extraordinary crime considering the impact that will result from this crime is very fatal, including the State will suffer a lot of losses from the financial sector that could possibly disrupt or hamper the economy in the country. Criminalized acts are not only corruption in the most basic forms such as bribery and embezzlement of public funds, but also abuse of authority and influence (trading in influence) and concealment and concealment (laundering (laundering) laundering) proceeds of corruption. In Indonesia the financial losses of the State finances or the State's economy are an element of the corruption offense as regulated in Article 2 and Article 3 of Law Number 31 of 1999 jo. Law Number 20 of 2001 concerning Amendments to the Eradication of Corruption. The main problem in this study is how the application of the calculation of state financial losses before the decision of the Constitutional Court Number 25 / PUU-XIV / 2016 and how the application of calculating the state financial losses after the decision of the Constitutional Court Number 25 / PUU-XIV / 2016. This type of research belongs to the group of normative legal research. While judging by its nature, this research is analytical descriptive. The application of the calculation of state financial losses Article 2 (1) and Article 3 of Law Number 20 Year 2001 Amendment to Law Number 31 of 1999 concerning Eradication of Corruption Acts has experienced a shift in the legal outlook in the application of state losses from not yet real or potential detrimental to state finances (potential loss) changes the outlook to state losses that actually occur (actual loss), changes in the conception of the application of state financial losses materially in the application of corruption criminal law in line with the Constitutional Court Decision Number 25 / PUU-XIV / 2016 dated January 25, 2017. Following the decision of the Constitutional Court Number 25/PUU-XIV/ 2016 the application of the calculation of state losses as stipulated in Article 2 paragraph (1) and Article 3 of Law Number 20 of 2001 concerning amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crimes experienced a shift in its initial response from ti no formal criminal (formal offense) turns into a state criminal offense materially (material offense). Decision of the Constitutional Court Number 003/PUU-III/2006 dated July 25, 2006, the Constitutional Court refused to grant the abolition of the word "can" in Article 2 paragraph (1) and Article 3 of the TIPIKOR Law. According to Related Parties, these considerations are no longer in line with the current political development in the fight against corruption in Indonesia.

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