Indonesian Journal of Criminal Law Studies
Vol. 11 No. 1 (2026): Indonesia J. Crim. L. Studies (May, 2026)

Legal Implementation of Compensation Policies in Recovering State Losses from Corruption

Ricci Ricci (Faculty of Law, Universitas Tarumanegara)
Mella Ismelina Farma Rahayu (Faculty of Law, Universitas Tarumanegara)
Ade Adhari (Faculty of Law, Universitas Tarumanegara)



Article Info

Publish Date
06 May 2026

Abstract

Asset tracking and confiscation of assets from corruption crimes committed by three law enforcement agencies have not shown satisfactory results. This study uses a normative legal research method (doctrinal legal research) with a primary focus on corruption cases. This research method was adopted because the payment of Replacement Money in corruption cases has not been fully implemented optimally. Many corruption cases still impose additional penalties in the form of Replacement Money, and corruptors transfer assets to third parties before the state confiscates them. This study uses 3 (three approaches, namely the conceptual approach, the statutory approach, and the case approach. The results of this study indicate that the payment of Replacement Money in corruption cases aims to recover state losses by ratifying Law Number 7 of 2006 on the Ratification of the United Nations Convention on the Eradication of Corruption, 2003. This is done to implement a reverse-verification process for prospective officials before they take office. The practice of paying compensation in corruption cases, which are economic crimes, should prioritise fines or similar penalties. If the perpetrator of corruption fails to pay the fine or compensation, law enforcement (prosecutors), as the implementing agency, will form a team to track down the embezzled assets and seize them to compensate the state for losses.

Copyrights © 2026






Journal Info

Abbrev

ijcls

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Indonesian Journal of Criminal Law Studies (IJCLS) is a peer-reviewed scientific journal that primarily focuses on comparative criminal law. The journal serves as a platform for scholarly discourse and critical analysis of criminal law systems across different ...