| dc.description.abstract | One type of crime that is mushrooming and very difficult to solve in Indonesia
is a crime with an economic motive. The Corruption Crime accompanied by the Money
Laundering Crime is one of the many crimes with economic motives that directly harm
state finances and can destroy a country's economic stability. Therefore, law
enforcement for perpetrators of money laundering and corruption is no longer just
talking about the problem of processing suspected corruption, prosecuting, trying and
convicting perpetrators, but also how the state's efforts to restore state assets corrupted
by perpetrators. On the other hand law enforcement must continue to uphold human
rights which are entitled to legal protection by not criminalizing the assets of someone
suspected of committing a crime. The dilemma of enforcing the law on corruption and
money laundering has resulted in a merger of cases/Concursus Realis for the two
crimes.
This research was conducted to answer the Urgency of Merging
Cases/Concursus Realis, the Authority of the Public Prosecutor in Merging Cases, and
to examine the analysis of ratio decidendi in Decision No:
16/Pid.Sus/TPK/2015/PN.Jkt.Pst and No: 38/Pid .Sus/TPK/2020/PN.Jkt.Pst as a
research case study. To answer this formulation, the researcher conducted a study
using at least 3 legal theories, namely the theory of legal certainty, the theory of the
legal system, and the theory of proof. The method used is normative juridical,
analytical descriptive with a statute-approach, conceptual approach, and case
approach.
The results of research on the urgency of merging cases/Concursus Realis show that
the enforcement of criminal acts of corruption is accompanied by acts of money
laundering in a positive direction. By combining the examinations of the two crimes,
at least efforts have been made to punish the perpetrators of the crime, restore state
financial losses, without criminalizing the perpetrators of the crime. | en_US |
