Prabowo, Dwi Joko (2023) Sita Aset Sebagai Upaya Pengembalian Kerugian Keuangan Negara Dalam Perkara Tindak Pidana Korupsi. Masters thesis, Universitas Islam Riau.

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Abstract

So far, criminal law has been built on the basis of a retributive paradigm, so that repressive and coercive characteristics dominate. Along with the times, the paradigm shifted towards a restorative paradigm. In the Law on the Eradication of Criminal Acts of Corruption, this is embodied through the existence of additional penalties in the form of payment of replacement money to restore state financial losses. So, the law enforcement approach used is to follow the suspect, follow the money, and follow the asset. The main problem in this study is what are the obstacles in the implementation of asset confiscation in returning state financial losses in criminal acts of corruption considering that the criminal proof system is the highest evidentiary system, namely negative wettelijk bewijs theorie. And what are the ideal laws and regulations in regulating, so that efforts to recover state financial losses carried out by law enforcement officers are optimal. The research method that the author uses is juridical-normative, namely legal research conducted by examining library materials, both on primary, secondary, and tertiary legal materials. This research is descriptive analysis, which provides a clear and detailed description of an event that occurred. The method of drawing conclusions used is the deductive-inductive method. The deductive method is used as the main guide, and the inductive method as the supporting work procedure. From the results of the study, it can be concluded, there are still several factors that influence the non-maximum return of state financial losses, namely in the form of laws and regulations that still use the classical approach, have not accommodated the norms of UNCAC, there are no progressive policies, weak cooperation/coordination between institutions. and international cooperation, and the public has not been properly educated. To maximize the return of state financial losses, responsive legislation is needed. As of 2006, Indonesia has ratified the United Nations Convention Against Corruption (UNCAC), but until now there are still many recommendations that have not been followed up in the legislation. In fact, some of these recommendations can answer the problems that have been faced so far. Therefore, it is necessary to make adjustments to the Criminal Procedure Code and the PTPK Law, which since their formation have not been prepared for asset recovery by taking into account the principle of due process of law.

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