KENDALA KEJAKSAAN DALAM PENGEMBALIAN ASET HASIL TINDAK PIDANA KORUPSI

Winandita, Sifra (2016) KENDALA KEJAKSAAN DALAM PENGEMBALIAN ASET HASIL TINDAK PIDANA KORUPSI. .. pp. 1-18. ISSN .

Text (Jurnal HK11261) JURNAL HK11261.pdf Download (6MB)

Abstract

Nowadays, assets recovery a strategic rumor which is seen as a big breakthrough to eradicate corruption. Article 18 of Act No. 30 of 1999 jo. Act No. 20 of 2001 about the eradication of criminal acts of corruption into the direction of a solution is limited to assets recovery of the offender with the seizure of assets. To enforce the law, one of the government institute which has an authority to eradicate and prevent the corruption is the Prosecutor of Indonesia. Because of that, the role of the attorney as an investigator, public prosecutor, and executor of the decision from the judge is very important to return the assets from corruption. Based on the backround of the study there is a problem formulation as follows: what is the obstacles which will be faced by the prosecutor to assets recovery from corruption. Based on the problem that formulated above, the purpose of this study is to know the obstacles which will be faced by the prosecutor to assets recovery from corruption. The research that used in this study is a normative legal research. Normative legal research done or focus on the positive legal norms in the from of legislation. The restitution of assets is more effective to give a wary effect rather than imprisonment. There are some obstacles to reveal the corruption and return the assets which are: the corruption is redirected to other parts, the assets are gone, the assets are warranted to others, the assets have a relation with a corruptor who already died, and the assets are taken to a foreign country.

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