Imposition of Compensation Money in Corruption Cases Based on Justice Values

DOI

10.2991/978-2-38476-315-3_53How to use a DOI?

Keywords

Corruption; Imposition of Compensation Money; Law enforcement

Abstract

Law enforcement is a regulatory framework that governs permissible and forbidden behaviors, including the response to law infractions and other lawful actions carried out by the state. In the context of combating corruption in Indonesia, the presence of state financial loss is a crucial factor, as stipulated in Article 2 paragraph (1) and Article 3 of Law No. 31 of 1999, which was subsequently amended by Law No. 20 of 2001. This part pertains to the imposition of criminal penalties in the form of monetary restitution to compensate for financial losses incurred by the state. Nevertheless, the judge’s ruling frequently must align with the prosecutor’s requests about restitution, leading to challenges in implementation. This study employs a normative legal framework, utilizing a hermeneutic methodology to analyze legislative rules, judicial rulings, and relevant legal literature. The research findings indicate that the divergence between the prosecutor’s requests and the judge’s ruling impedes endeavors to retrieve public assets and eliminate corruption. The regulatory function of prosecutors and the Supreme Court is essential in guaranteeing uniformity in deciding replacement funds. Therefore, tight collaboration between prosecutors and judges is necessary to maintain a transparent and equitable judicial procedure. Ultimately, the implementation of financial restitution as a supplementary penalty seeks to recover the financial damages incurred by the government as a result of corruption. Furthermore, effective collaboration among law enforcement agencies can enhance public confidence in the judicial system’s endeavors to eliminate corruption and reclaim state resources.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Fendi Nugroho
AU  - Hartiwiningsih Hartiwiningsih
AU  - I Gusti Ayu Ketut Rachmi Handayani
PY  - 2024
DA  - 2024/12/24
TI  - Imposition of Compensation Money in Corruption Cases Based on Justice Values
BT  - Proceedings of the International Conference on Cultural Policy and Sustainable Development (ICPSD 2024)
PB  - Atlantis Press
SP  - 392
EP  - 399
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-315-3_53
DO  - 10.2991/978-2-38476-315-3_53
ID  - Nugroho2024
ER  -