PERAN KEJAKSAAN DALAM PENGEMBALIAN KERUGIAN NEGARA AKIBAT TINDAK PIDANA KORUPSI

Abstract

Prosecutors are functional officials who are authorized by law to act as
prosecuting attorney.The judiciaryhas such an important and strategic role
because it is the front guard for law enforcement. The objective of this thesis is to
examine the role of prosecutors in the context of recovering state losses due to
criminal acts of corrption and examining barriers for prosecutors to recover state
financial losses from corruption
The approach method used in the discussion of this research is a normative
juridical approach. The normative juridical approach (Sunggono, 2011) is a
problem approach that is carried out by reviewing legislation and literature,
journals, and legal materials related to regulations concerning The Role Of
Prosecutors In Repaying State Financial Losses As A Result Of Corruption.
The results of the study show that the role of the prosecutor in efforts to
recover state financial losses is in accordance with its functions and duties as
regulated in Article 30 paragraph (1), (2) and paragraph (3) of Law Number 16 of
2004 concerning the Republic of Indonesia Attorney General's Office, namely at
the Investigation stage. , Prosecutor Stage and Execution Stage (executor in
criminal cases) Whereas those relating to the return of state losses regulated in
Law No.3 of 1971 concerning Eradication of Corruption Crimes, Law No. 31 of
1999 concerning Eradication of Corruption Crime and Law No. 20 of 2001
concerning Amendments to Law No. 31 of 1999 concerning Eradication of
Corruption Crimes. The process for recovering state losses due to criminal acts of
corruption is carried out after a court decision is legally binding by summoning
the convicted party and/or his heirs to discuss the payment of compensation due to
corruption committed by the convict and after the compensation has been paid by
the convict to the prosecutor's office, the money is deposited to the State Treasury
by the Prosecutor's Office.
Obstacles for the prosecutor in recovering state financial losses due to
criminal acts of corruption, namely that partially corrupted assets are not found,
the convict is unable to pay replacement money, and the corrupted property has
been named to someone else.
Keywords: Role of the Judiciary, Investigation to Implementation of Court
Decisions, Obstacles in recovering state financial losses