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QOHAR AF, ABDUL
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Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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RECONTRUCTION GUARANTEE CONFISCATION AS AN ALTERNATIVE APPROACH TO MAXIMIZE THE STATE-LOSSES RECOVERY QOHAR AF, ABDUL
Jurnal Independent Vol. 10 No. 2 (2022): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v10i2.221

Abstract

Abstract In addition, the argument for violating human rights is also inappropriate to reject the idea of guarantee confiscation. The limitation of a right to law enforcement is justified by the 1945 Constitution and control of the confiscated objects is still given to the suspect. Speaking of option of legal efforts that can be accessed by the suspect, pretrial is one of the option available. Pretrial can assess the validity of the confiscation by looking at the letter of determination from the local district court and the urgency of carrying out the action. The proposed change in procedural law in handling corruption cases is actually in line with a restorative approach. This has also been pushed by the government, at least through President Joko Widodo's statement regarding the urgency of recovering state financial losses in handling corruption cases. However, changes in legislation of course do not only rely on the executive, but also on the legislative side. Up to now, th legislative products that support the agenda of eradicating corruption have not been prioritized by legislators, such as Bill on Asset Confiscation, Bill on Limitation of Currency Transactions, as well as the Revision of the Anti Corruption Law. Therefore, this study must also be followed up by the awareness from the government and the parliament about the current stagnation of law enforcement to eradicate corruption.
RECONSTRUCTION REGULATIONS OF ASSET RECOVERY IN CORRUPTION CASE TOWARDS THE STATE FINANCES AND ECONOMY RESTORATION QOHAR AF, ABDUL
Jurnal Independent Vol. 11 No. 1 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i1.222

Abstract

Abstract In fact, the main objective of eradicating Corruption is to reco ver state losses. One of the elements of corruption in Article 2 and Article 3 of Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 concerning the Eradication of Corruption (UU Tipikor) is an element of state financial loss, this element has a cons equence that the eradication of corruption is not only aimed at deterring corruptors through heavy imprisonment but also restoring state finances due to corruption as emphasized in the preamble and general explanation of the Corruption Act. Failure to retu rn the proceeds of corruption can reduce the meaning of “ punishing the corruptors ” itself.
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