IMPLEMENTATION OF THE ULTIMUM REMIDIUM IN CRIMINAL ACTS OF CORRUPTION THROUGH A RESTORATIVE JUSTICE APPROACH

Abstract

The Prosecutor's Office as a law enforcement officer authorized by law to eradicate corruption crimes issued a policy in the form of a Circular by the Junior Attorney General for Special Crimes Number: B-1113/F/Fd.1/05/2010 concerning Priorities and Achievements in the Handling of Corruption Crimes which ordered to seek to recover state losses using a restorative justice approach for corruption crimes with small-scale state losses. The problems raised in this research are how to apply the Ultimum Remidium in the Crime of Corruption through a Restorative Justice approach and what factors affect the Implementation of the Ultimum Remidium in the Crime of Corruption through a Restorative Justice approach & its solutions. This research uses normative juridical method with qualitative analysis. The results of the study indicate that the reason for the Prosecutor's Office to apply a restorative justice approach in resolving cases of criminal acts of corruption with small state financial losses as stated in the SE Jampidsus Number: B-1113/F/Fd.1/05/2010 is to reduce the number of state financial losses that must be incurred. issued as a result of small-scale corruption. The effectiveness of the principles of restorative justice carried out by the prosecutor's office against perpetrators of criminal acts of corruption using the concept of restorative justice can be seen from two aspects, namely the aspect of the purpose of punishment and the aspect of benefit. Then, the criminal law policy through this restorative justice approach will avoid the impact of greater losses and eliminate the effects of a crisis that can arise due to corporate punishment and can be an effective and efficient means for optimizing the return of state financial losses.
Keywords : Corruption, Ultimum Remidium, Restorative Justice