EFFECTIVENESS OF THE IMPLEMENTATION OF THREATS OF ADDITIONAL CRIMINAL SANCTIONS TO RETURNS THE STATE FINANCIAL LOSSES IN CORRUPTION CRIMINAL ACT

Abstract

This study aimed to describe and to analyze more about the additional criminal effectiveness in the form of returning state losses to corruption and also aimed to find out and to examine the obstacles in the implementation of court decisions related to the return of state financial losses with replacement money. Corruption is now one of the extraordinary crimes that endangers the stability and security and economic development of Indonesia. As a criminal act that has an impact on state losses, the most important essence in eradicating corruption is related to the return of state losses due to criminal acts of corruption. From this view, the question arises whether the application of additional criminal acts in the form of returning state losses can be effectively implemented based on the provisions of Article 18 of Law Number 31 of 1999 Jo. Law Number 20 of 2001.

This research used juridical empirical legal method with the nature of descriptive research used primary and secondary data sources. It also used document study techniques, interviews and reading resources related to existing problems. This study used non-probability sampling technique and used purposive sampling in determining research samples.

Based on the research that has been done, it can be seen that the application of additional crimes in the form of returning state losses has been implemented but cannot yet be effective in an effort to recover state losses due to corruption and suppress the number of corruption in the Semarang District Court. In addition, the number of corruption cases decreased from 149 cases in 2016 to 110 cases in 2017. While for corruption cases in 2016-2017 there is no record of state losses. Constraints in the implementation of court decisions related to the return of state losses are the assets of the convicted person who has changed hands, administration of dual residence, and the length of the trial process until the decision has permanent legal force so that execution can be carried out.

Keywords: effectiveness, additional criminal, returning state losses, corruption