Irwanto, Irwanto (2023) Hilangnya Unsur Pidana Dalam Pengembalian Kerugian Keuangan Negara Pada Tindak Pidana Korupsi. Doctoral thesis, Universitas Islam Riau.

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Abstract

The Anti-Corruption Law has been ruled out by the Bareskrim STR, here according to the author, it is not setting aside the law, but if state losses are returned, the crime will be stopped at the investigation level. With the existence of the STR and returning the loss to the State, it can stop the investigation, thus contradicting Article 4 of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption. The principle of legal certainty has two aspects, namely material law and formal law. The formulation of the problem in this research is as follows: How is the application of the principle of legal certainty to the loss of elements of criminal acts in recovering state losses in the crime of corruption at the investigation level, what are the legal consequences of applying the principle of legal certainty to the loss of elements of criminal acts in returning state losses in Corruption Crimes at the Investigation Level. The method used is normative legal research. Based on the results of the study, it is known that the application of the principle of legal certainty to the loss of elements of criminal acts in returning state losses in criminal acts of corruption at the level of investigation that the settlement through the STR Kabareskrim Number 206 of 2016 was confirmed by the STR of the National Police Chief Number ST/3388/XII/HUM.3.4. /2019 does not yet have a strong legal umbrella, because the regulation on returning state losses through the STR Kabareskrim Number 206/2016 is confirmed by the STR Kapolri Number ST/3388/XII/HUM.3.4./2019 This is still internal to the police and is contrary to Article 4 Law Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption which states that the return of state financial losses or the state's economy does not eliminate the punishment of the perpetrators of criminal acts as referred to in Article 2 and Article 3. state finances, because of corrupt crimes This person is part of the Extra Ordinary Crime, which should be subject to severe sanctions and provide a sense of deterrent effect. Legal Consequences of the Application of the Principle of Legal Certainty on the Loss of Elements of Criminal Acts in Reimbursement of State Losses in Corruption Crimes at the Investigation Level that the return of state losses in this corruption crime can lead to the absence of legal certainty in law enforcement because Article 4 of the PTPK Law states that refunds State financial losses are only one reason to ease sentences and not abolish criminal acts against perpetrators who violate the provisions of Article 2 and Article 3 of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption. Although many corruptors have been ensnared by Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption and sentenced to imprisonment for being proven to have harmed state finances, in practice, the application of elements of harming state finances in Law Number 31 of 1999 concerning Eradication of Corruption Crimes The process of handling cases of criminal acts of corruption often creates problems, namely the existence of violations / deviations from the provisions of Article 4 in the practice of law enforcement of criminal acts of corruption. This can be seen from the practice of issuing SP3 by investigators related to the alleged corruption cases on the grounds that the elements of harming state finances are not fulfilled due to the return of state financial losses.

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