Model of Applying Criminal Sanctions in Overcoming Corruption Through Criminal Sanction by Substitute Money

DOI

10.2991/assehr.k.200225.006How to use a DOI?

Keywords

criminal sanction, corruption, substitute money

Abstract

The implementation of criminal sanctions against corruption has been a problem related to the deterrent effect for convicted people and their contribution to recover state losses. This study (1) determining the influence of criminal sanctions of substitute money in returning state financial losses due to corruption and (2) finding an ideal model of application of criminal sanctions of substitute money in overcoming corruption. This study used a normative juridical approach for examining the principles of law, norms, institutions and legal processes. Types of data used secondary data originating from primary legal materials such as corruption eradication act, Law Number 7 Year 2006 concerning Ratification of the United Nations Convention Against Corruption, Supreme Court Regulation Number 5 Year 2014 concerning Criminal Payment of Substitute money in Corruption, Jurisprudence of Supreme Court. Data collection techniques used a literature study by analyzing sources of scientific theoretical readings such as books, scientific journals accredited by Directorate of Higher Education and Reputable International Journal. The analytical method used qualitative. The results showed that the criminal sanctions for substitute money contributed to the recovery of state financial losses due to corruption, but the amount was not significant compared to the value of state losses because of judges’ decisions that tend to be positivist based on Article 18 paragraph (3) of Eradication Corruption act Crimes which provides an opportunity for the convicted people to choose to pay substitute money or undergo a substitute imprisonment. The reality was that they preferred to serve a substitute imprisonment (subside) rather than pay compensation money. Consequently, substitute money which becomes the obligation of convicted people was not paid in full or only partially paid. The ideal model of the application of substitute money in overcoming corruption was to apply the concept of asset recovery through four strategic steps namely (a) asset tracing since the investigation stage to find out the existence of corruption assets, (b) asset freezing by stipulating a prohibition on transferring wealth temporarily until a court decision is made, (c) asset confiscation (d) asset returning to the state. This model is considered ideal because it is expected to be able to support the effectiveness of state losses guarantee through full substitute money that can anticipate the convicted people to avoid the obligation to pay substitute money.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Ade Mahmud
AU  - Dian Alan Setiawan
AU  - Eka Juarsa
AU  - Dey Ravena
AU  - Taufiq Rahman
AU  - Iman Sudirman
PY  - 2020
DA  - 2020/03/03
TI  - Model of Applying Criminal Sanctions in Overcoming Corruption Through Criminal Sanction by Substitute Money
BT  - Proceedings of the 2nd Social and Humaniora Research Symposium (SoRes 2019)
PB  - Atlantis Press
SP  - 21
EP  - 25
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.200225.006
DO  - 10.2991/assehr.k.200225.006
ID  - Mahmud2020
ER  -