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Penegakan Hukum Perhitungan Pengembalian Kerugian Keuangan Negara dalam Tindak Pidana Korupsi Jiwo, Fadhil; Ajie, Bintang Wicaksono; Amri, Ahmad Almaududy
FOCUS Vol 5 No 2 (2024): FOCUS: Jurnal Ilmu Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v5i2.1662

Abstract

The current developrnent of corruption eradication has focused on three rnain issues, narnely prevention, eradication, and asset recovery. The purpose of the research in this thesis is to find out the ideal construction of regulating the return of state financial losses due to corruption at this tirne and whether it can be irnplernented in the future so that the return of state financial losses due to corruption can create legal certainty. This thesis uses a norrnative legal research rnethod (library) with secondary data and analyzed qualitatively to obtain research results on the ideal construction of regulating the return of state financial losses in corruption crirnes that currently cannot be optirnal as an additional crirne which is part of the purpose of punishing the perpetrators. corruption. Future irnplernentation so that the return of state financial losses due to crirninal acts of corruption requires reconstruction of the provisions in Law Nurnber 31 of 1999 in conjunction with Law Nurnber 20 of 2001 concerning the Eradication of Corruption Crirnes regarding the calculation of state financial losses and the authority of institutions or agencies that calculate financial losses the state in order to create legal certainty in applying additional penalties to perpetrators of corruption.
Efektivitas Hukuman Mati sebagai Deterren dalam Kejahatan Korupsi: Studi Kasus di Negara-negara Asia Aditya, Muhamad Ghozi; Maulidah, Khilmatin; Soliehin, Rizky Amalia; Amri, Ahmad Almaududy
Postulat Vol 2 No 1 (2024): POSTULAT: Jurnal Ilmu Hukum
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/postulat.v2i1.1444

Abstract

Corruption has become a chronic ailment troubling many countries, especially in the Asian region. Numerous nations are seeking stringent solutions to combat this crime, one of which is the implementation of the death penalty as a form of deterrence or prevention. This research aims to analyze the effectiveness of the death penalty as a preventative tool against corruption crimes in Asian countries. The research methodology employed is descriptive qualitative, utilizing a case study approach on several Asian nations that enforce the death penalty for corruption offenses. The findings suggest that even though the death penalty is considered one of the methods to reduce corruption crime rates, its effectiveness as a deterrent varies across countries, depending on factors like legal culture, legal system, and public support for the punishment. This study provides an in-depth view of the extent to which the death penalty can serve as a preventive measure against corruption crimes in Asia and offers recommendations for nations currently considering implementing or revising death penalty policies in the context of corruption offenses.