Pendekatan Restorative Justice Dalam Penanganan Petty Corruption Demi Pemulihan Kerugian Negara. (Restorative Justice Approach in Dealing with Petty Corruption for the Recovery of National Losses).

Rukhus, Anisah Azzah Zhafirah (2024) Pendekatan Restorative Justice Dalam Penanganan Petty Corruption Demi Pemulihan Kerugian Negara. (Restorative Justice Approach in Dealing with Petty Corruption for the Recovery of National Losses). Undergraduate thesis, Universitas 17 Agustus 1945 Surabaya.

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Abstract

This study focuses on the resolution of petty corruption crimes under 100 million. which is usually carried out through a restorative justice approach. Although petty corruption only causes relatively small state losses, if it is allowed to continue, it can become a large and organized corruption crime. There is no positive law in Indonesia that regulates the classification or type of corruption based on the state losses incurred. However, referring to several sources obtained, this study provides a limitation that what is meant by petty corruption is state losses under 100 million. Meanwhile, if the petty corruption case is raised to the court level, it will increase state losses and not restore the element of state losses in corruption. The alternative handling of petty corruption that has been used so far is the restorative justice approach in order to restore the state losses that have been lost. The study was conducted using a normative research method with a conceptual approach and a legislative approach. The results of the study indicate that the restorative justice approach cannot be used as an alternative to resolving petty corruption because corruption regulations require criminal penalties for perpetrators of corruption even though they have paid off state losses. The main criminal penalty in the form of imprisonment must still be carried out in order to provide a deterrent effect for perpetrators of corruption. The mechanism that can be taken by the government to reduce state losses arising from petty corruption can be done by increasing additional penalties, namely a replacement money penalty that is the same or even greater than the state losses incurred but is still given a criminal sentence. With this mechanism, the government can provide a deterrent effect for perpetrators of corruption while also returning the state losses that have been lost.

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