Return Of State Losses From The Proceeds Of Corruption Through Civil Lawsuits
Keywords:
Corruption Crimes, State Losses, Civil LawsuitsAbstract
The main factor causing the occurrence of criminal acts of corruption is the country suffering financial losses. Therefore, those who are found guilty of committing criminal acts of corruption are obliged to replace state funds obtained illegally. In handling corruption cases, law enforcement officials have two options to recover state losses: through criminal channels or civil channels, as stated in the provisions of Law No. 20 of 2001, amendments to Law No. 31 of 1999 concerning Prevention of Corruption Crimes. The aim of the research is to find out what the legal rules are regarding civil lawsuits in cases of criminal acts of corruption in Indonesia and to find out the mechanism for returning state losses from the proceeds of criminal acts of corruption through civil suits. This study uses normative juridical methods. The assessment approach used is a statutory approach. Sources of legal materials include primary legal materials from Law no. 31 of 1999 and Law No. 20 of 2001 concerning Corruption Crimes. The technique for collecting legal materials is carried out through literature study. The results of the study show that, the provisions governing civil prosecution for criminal acts of corruption are contained in Law No. 31 of 1999 and Law No. 20 of 2001, especially in Article 32 paragraph (1), Article 33, Article 34, and Article 38C. This law regulates the process of recovering state losses due to corruption through civil channels, namely by filing a lawsuit in the District Court by the State Attorney as the plaintiff. To increase public awareness of corruption cases, it is important for civil society and law enforcement agencies to collaborate effectively. By working together, these entities can ensure that cases of corruption are handled properly and that perpetrators are held accountable for their actions. This collaborative effort is very important to achieve the best results, especially in terms of recovering state losses due to corrupt practices.
References
A. Books
Arief, Barda Nawawi. Bunga Potpourri Criminal Law Policy: Development of the Drafting of the New Criminal Code Concept. Jakarta: Kencana Prenada Media Group Publisher, 2008.
Arifin, Syamsul. Corruption Criminal Law: Theoretical and Practical Perspectives. Jakarta: Rajawali Pers, 2015.
Atmasasmita, Romli. Transparent Justice: Sue for Judicial Transparency and Accountability in Corruption Cases. Jakarta: Gramedia Pustaka Utama Publisher, 2001.
Danil, Elwi. Corruption: Concept, Crime and Its Eradication. Jakarta: PT. RajaGrafindo Persada, 2021.
Indriyanto, Seno Adji. Corruption and its Problems. Jakarta: Diadit Media, 2012.
Prinst, Darwin. Eradication of Corruption. Bandung: PT Citra Ditya Bakti, 2002.
Son, Risqi Perdana. Law Enforcement of Corruption Crimes. Yogyakarta: Deepublish, 2020.
Purwaning, M. Yanuar. Return of Assets Proceeds of Corruption: Based on the 2003 Anti-Corruption Convention in the Indonesian Legal System. Jakarta: PT. Alumni, 2007.
Rosikah, Chatrina Darul, and Dessy Marliani Listianingsih. Anti-corruption education: Anti-corruption studies of theory and practice. Jakarta: Sinar Grafika, 2022.
Soesilo, R. Criminal Code. Bogor: Politea, 1986.
B. Journals and other scientific works
Bakti, Yohanis Sudiman, Samsul Tamher, and Gustav Robby Urbinas. "Restructuring Criminal Law Enforcement Policies in Efforts to Eradiate Corruption in Papua Province." Journal of Jurisdictional Law (JHY) 1, no. 1 (2024): 14-29. http://journal.uningratpapua.ac.id/index.php/jhy/article/view/3
Mahmud, Ade. "The urgency of progressive law enforcement to restore state losses in corruption crimes." Legal Issues 49, no. 3 (2020): 256-271. https://ejournal.undip.ac.id/index.php/mmh/article/view/29590
Nazikha, Frellyka Indana Ainun. "The implementation of additional criminal sanctions in lieu of money in corruption cases as an effort to recover state financial losses." PhD diss., Islamic University of Indonesia, 2015. https://dspace.uii.ac.id/handle/123456789/8749
Zulyadi, Rizkan. "Abuse of Government Power that Harms State Finances through Presidential Regulation Number 20 of 2018 concerning the Use of Foreign Workers." Criminal Law and Legal Development 1, no. 2 (2019). https://www.e-journal.trisakti.ac.id/index.php/hpph/article/view/5553
C. Internet
Admin. "Johnny G Plate Sentenced to 15 Years in Prison in the Kominfo 4G BTS Tower Corruption Case." BBC Indonesia. Retrieved June 27, 2024. URL: https://www.bbc.com/indonesia/articles/cxr17w4yrdvo.
Geography. "Definition of bribery." Retrieved January 8, 2024. URL: Definition of Bribery - Geograph (geograf.id)
Ika, Aprillia. "Complete Chronology of the Antam Vs Budi Said Case." Kompas Money. Retrieved June 27, 2024. URL: https://money.kompas.com/read/2024/01/20/073000626/-populer-money-kronologi-lengkap-kasus-antam-vs-budi-said-masih-ada-utang?page=all.
Saptohutomo, Aryo Putranto. "Chronology of Syahrul Yasin Limpo's Alleged Corruption from Investigation to Detention." Compass. Retrieved October 14, 2023. URL: https://nasional.kompas.com/read/2023/10/14/04450061s/kronologi-dugaan-korupsi-syahrul-yasin-limpo-dari-penyelidikan-sampai?page=all.
Sugali. "Imposition of Criminal Sanctions for Corruption." Retrieved 10 March 2022. URL: Imposing Criminal Sanctions for Corruption | SUGALILAWYER.COM
Legal Corner. "Definition of Criminal Punishment." Retrieved 4 January 2018. URL: Legal Corner. "Definition of Criminal Punishment." - Search (bing.com)
Olivia. "Corruption: Definition, Types and How to Eradicate It." Retrieved November 9, 2024. URL: Corruption: Definition, Types, and How to Eradicate It (detik.com)
Downloads
Published
Issue
Section
License
Copyright (c) 2025 Zulfina Zulfina, Budi Bahreisy, Muhammad Nur
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
Authors retain the copyright and grant the proceeding the right of first publication. This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 that allows others to share the work with an acknowledgement of the Creative Commons Attribution-ShareAlike 4.0 that allows others to share work with an acknowledgement of the works authorship and initial publication in this proceeding.
All articles in this proceeding may be disseminated by listing valid sources, and the article's title should not be omitted. The content of the article is liable to the author.
Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the proceeding's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this proceeding.
Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) before and during the submission process, as it can lead to productive exchanges and earlier and greater citation of published work.
In the dissemination of articles, the author must declare the Proceedings of Malikussaleh International Conference on Law, Legal Studies and Social Science (MICoLLS) as the first party to publish the article.
