Effectiveness of Implementing Criminal Fines as an Effort to Recover State Losses in Corruption Crime Cases

Abstract

The attitude of Law Enforcement Officials (Public Prosecutors and Judges) towards assessing the threat of fines tends to be used only for minor crimes. This writing aims to understand and analyze the implementation, obstacles and implementation of criminal fines as an effort to recover state losses in criminal acts of corruption. The approach method used in this research is a sociological juridical approach. Sociological juridical means finding legal realities experienced in the field or an approach that stems from problems regarding juridical matters and existing realities. The analytical knife in this writing uses the theory of legal certainty and the theory of legal effectiveness. The research results show that the implementation of criminal fines as an effort to recover state losses in criminal acts of corruption is regulated in the Criminal Code and the Corruption Law, but the calculation is still not explicitly regulated if the fine can only be paid in part. Obstacles to implementing fines as an effort to recover state losses in criminal acts of corruption include internal and external factors. The effectiveness of implementing fines as an effort to recover state losses in criminal acts of corruption fines do not provide a deterrent effect for perpetrators of criminal acts of corruption.