Legal Policy on Convicting Corruption Offenders Who Have Returned State Financial Losses From the Perspective of Justice

Abstract

The criminal law policy based on Article 4 of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes regulates the return of state financial losses does not eliminate criminals, but the implementation of the provisions of Article 4 has not been implemented as appropriate. In practice there are irregularities in which the return of relatively small amounts of state losses can be stopped from investigation and eliminate the criminals of corruption. Moreover, the return of state financial losses was not a consideration for the Judge to commute the sentence to be imposed on the defendant. Therefore, in this study, it is necessary to study to evaluate the Legal Policy on punishment of perpetrators of corruption crimes who have returned state financial losses based on the provisions of Article 4 of Law No. 31 of 1999 concerning the Eradication of Corruption Crimes and analyze the Renewal of the Law on the punishment of perpetrators of corruption crimes that have returned state financial losses from a justice perspective. The purpose of this study is to find out the appropriate Criminal Law Policy against perpetrators of corruption crimes that return state financial losses from the perspective of justice for the future. This type of research method is legal research with a normative juridical approach that focuses on synchronizing laws, principles and legal doctrines. The data studied are library materials or secondary data, and tertiary legal materials, then discussed and presented descriptively. Forms of criminal law reform that can be applied to perpetrators of corruption crimes that have returned state financial losses in the future from the perspective of justice include: Renewal of the formulation of criminal threats that are cumulative imperative changed to cumulative and renewal of the regulation of the main types of crimes in the form of social work crimes that can be an alternative to imprisonment and an alternative to fines and formulation of the plea concept bargaining as a procedural law for corruption and the formulation of the concept of restorative justice in the criminal act of corruption in the form of culpa or negligence.

The Acceleration Model of Returning State Financial Losses Due to Corruption in Indonesia

“…Whereas in terms of expediency, using the Restorative Justice approach because it is considered to be able to improve the traditional criminal justice system, both in terms of investigation, prosecution and punishment, namely: 1) In the Restorative Justice approach, looking at Corruption Crimes more thoroughly and recognizing Restorative Justice perpetrators can harm themselves, the community or the state as victims, therefore the Corruption Crimes must be seen as not merely a violation of law; 2) The settlement process that is taken, involves more parties and includes victims (community or state) and does not only give a role to the government or corruption and corruptors only; 3) Measuring success differently, i.e. measuring how much the optimization or maximization of state financial losses has been returned, rather than measuring how heavy the criminal will be imposed; 4) Recognizing the importance of community involvement and their initiatives in dealing with and reducing corruption crimes, rather than leaving the problem of corruption only to the role of the government; and 5) Restoring the original situation when the corruption crime had not yet occurred (Sukatmini et al, 2022).…”