EKSEKUSI UANG PENGGANTI SEBAGAI PIDANA TAMBAHAN DALAM TINDAK PIDANA KORUPSI
Abstract
The legal basis for judges in giving additional criminal sentences in the form of
payment of compensation for non-corruption crimes is regulated under the provisions of
Article 18 of Law no. 31 of 1999 in conjunction with Law no. 20 of 2001 concerning the
Eradication of Corruption Crimes. However, in practice there are still many problems in
criminalizing substitute money, one of which is the difficulty of the executor in executing
the replacement money. The objectives in writing this thesis, namely: First , to find out how
the implementation of the payment of replacement money in a criminal act of corruption.
Second, to find out the obstacles to the application of substitute money in corruption.
This type of research is a sociological legal research . So this method links law to
efforts to achieve goals and meet concrete needs in society. Therefore, this method focuses
on observing the implementation of the law.
From the results of the study, it was found that the legal basis for judges in giving
additional criminal sentences in the form of payment of compensation for non-corruption
crimes is regulated under the provisions of Article 18 of Law no. 31 of 1999 in conjunction
with Law no. 20 of 2001 concerning the Eradication of Corruption Crimes. Payment of
replacement money in a corruption crime is carried out after the court's decision has
permanent legal force ( inkracht ), the convict is given a grace period of 1 (one) month to
pay it off, where after payment is made, the Prosecutor will deposit the results of the
payment to the State Treasury and send a copy. minutes of payment of replacement money
signed by the Prosecutor and the convict to the District Court that hears the case.
The author's suggestions, First, To prevent state losses due to corruption, an
intensive and serious effort is made from the execution apparatus in an effort to recover
state losses. Second, the regulation regarding additional penalties, especially for
replacement money, must be clarified so that there is no confusion and inconsistency in its
implementation.
Keywords: Corruption-Replacement Money-Execution
payment of compensation for non-corruption crimes is regulated under the provisions of
Article 18 of Law no. 31 of 1999 in conjunction with Law no. 20 of 2001 concerning the
Eradication of Corruption Crimes. However, in practice there are still many problems in
criminalizing substitute money, one of which is the difficulty of the executor in executing
the replacement money. The objectives in writing this thesis, namely: First , to find out how
the implementation of the payment of replacement money in a criminal act of corruption.
Second, to find out the obstacles to the application of substitute money in corruption.
This type of research is a sociological legal research . So this method links law to
efforts to achieve goals and meet concrete needs in society. Therefore, this method focuses
on observing the implementation of the law.
From the results of the study, it was found that the legal basis for judges in giving
additional criminal sentences in the form of payment of compensation for non-corruption
crimes is regulated under the provisions of Article 18 of Law no. 31 of 1999 in conjunction
with Law no. 20 of 2001 concerning the Eradication of Corruption Crimes. Payment of
replacement money in a corruption crime is carried out after the court's decision has
permanent legal force ( inkracht ), the convict is given a grace period of 1 (one) month to
pay it off, where after payment is made, the Prosecutor will deposit the results of the
payment to the State Treasury and send a copy. minutes of payment of replacement money
signed by the Prosecutor and the convict to the District Court that hears the case.
The author's suggestions, First, To prevent state losses due to corruption, an
intensive and serious effort is made from the execution apparatus in an effort to recover
state losses. Second, the regulation regarding additional penalties, especially for
replacement money, must be clarified so that there is no confusion and inconsistency in its
implementation.
Keywords: Corruption-Replacement Money-Execution
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