LAW ENFORCEMENT FOR CORRUPTION PERPETRATORS AFTER RESTITUTION OF STATE FINANCIAL LOSSES

Penegakan Hukum Pelaku Korupsi setelah Pengembalian Kerugian Keuangan Negara

Abstract

State losses due to corruption in Indonesia have shown an increasing trend from 2017 to 2021. Data from Indonesian Corruption Watch (ICW) shows that state losses due to corruption reached IDR 26.83 trillion in the first semester of 2021. This figure represents a 47.63% increase compared to the same period in 2020, which only reached IDR 18.17 trillion. The identified problems discussed are: 1) How is the law enforced for perpetrators of corruption who have returned state financial losses? And how is the application of criminal penalties for perpetrators of corruption who have returned state financial losses in relation to Article 4 of Law Number 20 of 2001 concerning the Eradication of Corruption? This research uses a normative juridical method, namely legal research conducted by examining library materials or secondary data related to criminal acts of corruption. The results of this study suggest that 1) state financial restitution is a law enforcement system implemented by the state, as a victim of corruption, to revoke, confiscate, and eliminate the rights to assets resulting from corruption from the perpetrator. Law enforcement for perpetrators of corruption who have returned state financial losses, whether during the investigation, inquiry, prosecution, or court decision, does not waive sanctions as stipulated in Article 4 of Law Number 20 of 2001. 2) The imposition of criminal penalties by imposing penalties on perpetrators who have returned state funds is one application of the theory of retribution or absolute punishment. The punishment imposed is a just reward for perpetrators who have harmed the interests of others as compensation. This means that the punishment received by the perpetrator through criminal punishment is the price that must be paid for the losses caused to the victim, in this case the state.