CORRUPTION ASSET RECOVERY THROUGH STATE CIVIL LAWSUIT

Abstract

Law Number 31 Year 1999 on the Eradication of Corruption which has beenamended

by Law Number 20 Year 2001 or PTPK Law has arranged the state civil lawsuit by the State Attorney or the Aggrieved Agencies against the perpetrator or his / her heir(s) in an effort to recover the corruption assets which is essential to save the state's wealth from corruption for the sake of the national development.

Many cases of corruption are terminated on process because of several reasons such as; the suspect or defendant does not meet health requirements (physical and mental), and cases which are canceled due to defendant’s death while in fact the state’s financial losses is real and has not been rocovered. In those cases, state civil lawsuit has not always been implemented, thus the practice of state civil lawsuit has not been fully operational.

Therefore, the author employed both doctrinal and non doctrinal methods of legal research to answer the problem of why the state civil lawsuit has not been operational. The research applied the approaches on legislations, case study on verdicts regarding state civil lawsuit, and conceptual approach byconducting interviews with officials of the related agencies and jurist.

The causes of the non-operational state civil lawsuit as an effort to recover corruption assets are; (i) the legal substance issues in this case the PTPK Law, and (ii) the legal issues in the practice of state civil lawsuit in the Court.

The findings suggest that; (i) it is necessary to issue operational technical regulations on the implementation of civil state lawsuits by State Attorney, the aggrieved agencies, or by prosecutors at the Corruption Eradication Commission (KPK); (ii) KPK Prosecutors should be authorized to file state civil lawsuit limited on cases originally handled by KPK , and (iii) that investigators should optimize foreclosure and confiscation of the suspect's assets regardless of its relation to the corruption at the investigation stage to ensure the effectiveness

of the state civil lawsuit.