PELAKSANAAN PIDANA TAMBAHAN BERUPA PEMBAYARAN UANG PENGGANTI GUNA PENGEMBALIAN KERUGIAN KEUANGAN NEGARA HASIL TINDAK PIDANA KORUPSI (Studi Kasus di Kejaksaan Negeri Lubuk Basung)
Abstract: Corruption is a type
of crime that is very detrimental to the state finance. As efforts to recover
losses to the state, in Article 18 paragraph (1) letter b of Law Number 31 of
1999 on Corruption Eradication regulated provisions on the form of additional punishment
for compensation. The problem in this thesis are: 1) How is the implementation
of an additional form of punishment for compensation for financial losses the
state returns to corruption, 2) What constraints in the implementation of the
court judgment on the form of additional punishment for compensation for
financial losses the state returns to corruption. This study used socio legal
approach. This research used primary and secondary data. Data were collected
through interviews and document study. Data were analyzed qualitatively. The
results showed that 1) Compensation in the State Attorney Lubuk Basung can be
performed well. In the implementation of the rules for compensation are time
limits for the convict to pay the compensation after the decision has permanent
legal force and may impose his hand over their possessions to cover for
compensation if the convicted person can not afford, 2) Constraints experienced
attorney is the length of judicial proceedings until a decision has permanent
legal force in order to be executed, often convict hid his property, even
sometimes convict who admitted to not having them at all possessions can be
seized and auctioned to cover compensation, and convict more chose imprisonment
rather than pay compensation.
Penulis: Riyan HIdayat Riyan
Kode Jurnal: jphukumdd160542
