The Urgency of Implementing in Absentia Decisions in Corruption Crimes Based on Legal Certainty

Abstract

This research aims toto know and analyze the weaknesses of the implementation of in absentia decisions in corruption cases, as well as to analyze the urgency of implementing in absentia decisions in corruption cases based on legal certainty. The type of normative legal research. Based on the research, it is concluded that in absentia decisions in corruption cases, examinationand the decision against the defendant without his physical presence, even though a valid summons had been issued, failure to appear without reason. Examination and decisionThe courts continue to provide legal certainty, provide a deterrent effect, and ensure the recovery of state assets, especially in extraordinary crimes such as corruption, money laundering, and fisheries. The urgency of an in absentia decision regarding the theory of legal certainty, even though the decision is in absentia, is still implemented to realize justice and effective law enforcement against perpetrators of criminal acts who have fled, as well as recover state losses, so that even though the defendant is decided in absentia, the state is not harmed due to the inability to present the defendant in court.