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Asian Institute of Research, Journal Publication, Journal Academics, Education Journal, Asian Institute
Asian Institute of Research, Journal Publication, Journal Academics, Education Journal, Asian Institute

Law and Humanities
Quarterly Reviews

ISSN 2827-9735

Judge Gavel
 Scales of Justice
City Crowds
People in Library
open access

Published: 13 June 2023

State Criminal Return Policy Against Corruption

Irwanto, Ellydar Chaidir, Edi Setiadi

Universitas Islam Riau (Indonesia)

asia institute of research, journal of education, education journal, education quarterly reviews, education publication, education call for papers
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Pages: 101-114

Keywords: Criminal Policy, Crime, Corruption


The Anti-Corruption Law was ruled out by Criminal Agency STR, here according to the author the law is not ruled out, but if the state's losses are returned then the criminal act will stop at the investigation level. There is a gap in understanding in legal references between investigations which should be interpreted as investigations but because the Criminal Procedure Code separates the functions of investigation and investigation, this study will follow a positive law pattern, where investigations are divided into two, namely investigation and investigation. The investigation is not yet pro-justiciar in nature, while the investigation is already pro-justiciar with all its legal consequences. In line with the special characteristics of corruption compared to other criminal acts. With this STR and the recovery of losses the state can stop investigations, thus contradicting Article 4 of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes, that returning state financial losses or the state's economy does not abolish the punishment of perpetrators of criminal acts as referred to in Articles 2 and Article 3. The purpose of this research is to examine criminal policies regarding the recovery of state financial losses against corruption. The method used is normative legal research. Based on the research results it is known that the criminal policy that has been implemented by the government through various laws does not eliminate the unlawful nature of corruption even though there is compensation for state financial losses by the defendant. This return is because Article 4 of the PTPK Law states that returning state financial losses is only one of the reasons to alleviate punishment and does not abolish punishment for perpetrators who violate the provisions of Article 2 and Article 3 of Law Number 31 of 1999 concerning Eradication of Corruption Crimes. Although many corruptors have been charged with Law Number 31 of 1999 concerning the Eradication of Corruption Crimes and sentenced to prison for being proven detrimental to state finances, in practice the application of the element of harming state finances in Law Number 31 of 1999 concerning the Eradication of Corruption Crimes The handling process Cases of criminal acts of corruption often cause problems, namely violations/deviations of the provisions of Article 4 in law enforcement practices of criminal acts of corruption.


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