Analisis Hukum Pengembalian Kerugian Keuangan Negara melalui Uang Pengganti dalam Putusan Pengadilan Tipikor Pada Pengadilan Negeri Medan No. 41/PID.SUS-K/2011/PN.MDN

Abstract

A defendant who has been decided at the District Court and Public Prosecutor is appealing. So that the examination of the case is still in the process of awaiting an appeal decision from the High Court, it turns out the defendant died. This problem also often becomes a constraint on how the role of the Public Prosecutor in executing the defendant and the accountability of money to compensate the state for the defendant. In this case study, the Corruption Crime An. Haris Harto, which occurred in the City of Binjai on "Misappropriation of the Regional Expenditure Budget Fund for the Activities of the Indonesian National Sports Committee of the City of Binjai". The provisions violated are Article 2 of the Article 3 of the Corruption Crimes Act jo. Article 55 paragraph (1) of the 1st Criminal Law Book. In that case, Defendant Haris Harto has undergone an investigation process carried out by the Binjai District Police and has arrived at the investigation process carried out by the Binjai District Prosecutor's Office. The problems that arise in this study are as follows: 1) Arrangement of restitution of state financial losses through replacement money in a court decision on a criminal act of corruption; 2) Execution carried out by the public prosecutor in recovering state financial losses through replacement money in a court decision on a criminal act of corruption, and 3) Legal analysis of restitution of state financial losses through replacement money in the Corruption Court Decision in Medan District Court No. 41 / Pid.Sus-K / 2011 / PN.Mdn., Dated May 15, 2011. The research method, consisting of: the type of research is normative law; the nature of descriptive analysis research; the research approach uses the statutory approach; Data sourced from secondary data, consisting of: primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques by means of library research (library research) with data collection tools in the form of document studies. Data analysis was performed with qualitative analysis by drawing conclusions by inductive way. The results of the study show that: 1) The return of the payment of replacement money in the amount of corruption carried out by the perpetrators does not eliminate criminal charges in accordance with Article 44 of the Corruption Crime Act; 2) Execution of recovering state financial losses through compensation money is done after the court sends a copy of the official decision to the defendant, then the prosecutor executes the decision; 3) Restitution of state financial losses in the Corruption Court Decision No. Medan District Court. 41 / Pid.Sus-K / 2011 / PN.Mdn., Dated May 15, 2011 An. Haris Harto, the Binjai District Attorney's Office has rightly and correctly filed a civil legal remedy to the defendant's heirs because the defendant has died.