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International Journal of
Law
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VOL. 10, ISSUE 2 (2024)
Recovery of assets proceeding from corruption crimes In Indonesia based on justice values
Authors
Sri Endah Wahyuningsih, Abdillah, Anis Mashdurohatun, Muchamad Iksan
Abstract

The magnitude of state financial losses caused by corruption in Indonesia is disproportionate to the magnitude of returns to state finances due to corruption. The sentences handed down by judges tend to be light, so they do not affect reducing corruption in Indonesia. This research aims to find out and analyze the regulations for recovering assets resulting from criminal acts of corruption and the weaknesses in the current rules for recovering assets resulting from criminal acts, which are based on the value of justice. The research method uses a post-positivism paradigm with a normative juridical approach and descriptive research type. Types and sources of data use secondary materials in the form of primary, secondary, and tertiary legal materials. Data collection methods use literature and qualitative descriptive data analysis methods.

The results of the research regarding the regulation on the recovery of assets resulting from criminal acts are not yet fair, namely that the amount of state financial losses caused by corruption is wildly disproportionate to the size of the returns to state finances because there is a legal vacuum specifically regarding the recovery of assets resulting from criminal acts, the mentality or personality and mentality of law enforcement officials play a role. It is critical in the law enforcement process against perpetrators of criminal acts of corruption, and there are negative habits of convicts who are reluctant to pay replacement money and prefer alternative imprisonment. So, it is necessary to reconstruct the Asset Recovery Regulations in Article 4 of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes and Article 7 of Law Number 13 of 2006 concerning the Protection of Witnesses and Victims.
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Pages:146-151
How to cite this article:
Sri Endah Wahyuningsih, Abdillah, Anis Mashdurohatun, Muchamad Iksan "Recovery of assets proceeding from corruption crimes In Indonesia based on justice values". International Journal of Law, Vol 10, Issue 2, 2024, Pages 146-151
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