Pengembalian Aset Negara (Asset Recovery) dalam Tindak Pidana Korupsi

Abstract

Law enforcement officials have tried to restore state assets but not optimally, it can be seen from the amount of data that there are numerous state assets that have not been successfally recovered due to law enforcement officials are still using the regular methods. Things that need to be analyzed include, How about the legal arrangements regarding the return ofState Assets in acts of corruption? How about the return ofState Assets in acts ofcorruption? How about the application ofthe plea bargaining system concept in returning state assets in corruption cases? This research uses normative juridical legal research method with library research data collection techniques. Data are analyzed qualitatively. The research results show that the regulation ofstate asset recovery in corruption cases is stipulated in Law No. 31 of 1999 Jo. Law No. 20 of 2001 concerning the Eradication of Corruption Crimes, Law Number 8 of 20 l O concerning the Prevention and Eradication of Money Laundering Crimes, the Criminal Code. The return of assets can be carried out in criminal, civil and voluntary ways. In criminal terms, asset confiscation cannot be carried out prior to ruling has permanent legal force so that the defendant/suspect has the opportunity to hide the proceeds of corruption because the criminal procedure takes a long time. Civil procedures can be carried out after criminal procedures are unsuccessful or there is insufficient evidence so that civil procedures lose their momentum as a result of long criminal procedures. The plea bargaining system greatly assists efficiency of the judiciary in optimizing the return of state assets, and at the same time does not eliminate the essence ofmaterial truth (materii waarheid). Having this concept, criminal justice becomes more efficient andfaster. With this concept, alternative imprisonment in Article 18 paragraph (3) of the Corruption Law will not be an optionfor corruptors not to return state assets, as well as in returning state assets abroad is also more optimal by utilizing the guilty plea and the willingness of the defendant to return all state assets resultingfrom criminal acts ofcorruption or paying replacement money.