PENGEMBALIAN HARTA TERPIDANA KORUPTOR SETELAH PUTUSAN PENGADILAN BERKEKUATAN HUKUM TETAP

Sugiono, Agus (2021) PENGEMBALIAN HARTA TERPIDANA KORUPTOR SETELAH PUTUSAN PENGADILAN BERKEKUATAN HUKUM TETAP. Masters thesis, Universitas 17 Agustus 1945 Surabaya.

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Abstract

ABSTRACT Corruption as one of the criminal acts that is considered an extra ordinary crime, because it involves the abuse of power and causes financial losses to the state, so to overcome it requires extraordinary methods as well. For Indonesia, corruption is a threat to the survival of the nation and the state because of the enormous losses suffered by the actions of corruptors who almost bankrupt the country's economy. Based on the above background, several problems can be distinguished as follows: 1. How is the return of assets of corrupt convicts after the Court's decision has permanent legal force? 2. What is the ratio of decidency to impoverishment of corruptors in the context of returning assets based on court decisions on corruption? This thesis uses a type of normative legal research, namely written law that is studied from various aspects such as aspects of theory, philosophy, comparison, structure / composition, consistency, general explanation and explanation of each article, formality and binding strength of a law. The use of normative legal research to produce new arguments, theories or concepts as a suggestion in solving the problems at hand, even though the implementation of the Law in this case the object of research is the criminal act of corruption. In addition, the resolution of the problem will be more detailed in knowing and understanding as well as analyzing existing regulations as well as dealing with reality and directly dealing with the accused of being corrupt. The results of the study, the fact that many court decisions provide verdicts against perpetrators of corruption under 5 years, which makes it easier for a former corruption convict to pitch back in the regional head election contest raises its own concerns considering that the position of the regional head is closely related to public power and authority. , which can correlate with the abuse of power (abuse of power) for personal gain that harms the state. Anti-corruption activists strongly support the impoverishment of sanctions against corruptors. , corruption acts committed in Indonesia clearly lack a sense of justice, especially in the context of the still widespread poverty and gap between the rich and the poor, and the low law enforcement of court decisions. Even if a corruptor is impoverished to zero, it is still fair if associated with the social and economic context of this country. Keywords: Low Court Decisions, The Importance of Impoverishment of Corruptors

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