Law Research Review Quarterly
Vol 5 No 1 (2019): L. Research Rev. Q. (February 2019) "Challenges & Strengthening Scientific-Based

The Strength of Legal Proof in Filing a Civil Lawsuit Against Corruption Actors

Rihardi, Satrio Ageng (Unknown)



Article Info

Publish Date
02 Jul 2019

Abstract

The use of civil instruments in corruption cases is fully subject to the provisions of civil law both formally, materially and even to immaterial losses. In accordance with Articles 32, 33 and 34 of Law Number 31 of 1999 concerning Eradication of Corruption, there is a formula regarding the submission of the results of the investigation into the State's loss to the State Attorney. The prosecutor must be able to really prove that the defendant actually committed an act of corruption. In accordance with the concept of proof in civil law, JPN must be able to convince the panel of judges by basing on a clear legal basis, the existence of an element of loss and explaining the occurrence of acts of corruption that are detrimental to the State's finances. However, it is often difficult to substantiate civil lawsuits to prove, given that the perpetrators of corruption in general are those who have very strong positions or experts. The research method used in this research is analytical descriptive. The research results obtained can be seen from the strength of the evidence in filing a civil claim must first trace assets owned by the perpetrators of corruption as the basis and reason for the lawsuit but the civil suit has not been effectively proven by relying only on special criminal courts because the imposition of fines and reimbursement is included without taking into account any immaterial losses that can be paid in the future.

Copyrights © 2019






Journal Info

Abbrev

snh

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The Law Research Review Quarterly is intended to be a national and international journal that provides a forum and forum for academics, legal practitioners, legal observers, students, researchers and the general public who have an interest in the field of legal science. This journal covers all ...