Legal Analysis of the Role of the Prosecutor in Efforts to Enforce the Law on the Return of State Finances from Criminal Acts of Corruption Committed by the Defendant

Abstract

In the process of returning state funds from the proceeds of corruption, the Prosecutor's Office has an obligation to return the state's financial losses through replacement money as regulated in Article 18 of Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption. The approach method used is normative juridical, which is a method in normative legal research using primary sources of secondary data or library materials. Secondary data in legal research is data obtained from the results of literature reviews or reviews of various literature or library materials related to the problem or research material which is often called legal materials. Data collection methods are through library research, document studies, and using descriptive data analysis methods. Problems are analyzed using the theory of Law Enforcement and the theory of Legal Certainty. The results of the study show that the role of the prosecutor's office in law enforcement efforts to return state finances from criminal acts of corruption committed by defendants can be implemented in two ways, namely by returning state finances through criminal channels, including: Tracing assets / wealth, Freezing assets, confiscation, Execution in order to return state financial losses, Confiscation of assets belonging to the defendant and Returning state financial losses due to criminal acts of corruption through civil channels are contained in the provisions of Article 32 paragraph (1), (2), Article 33 and Article 34 of Law Number 31 of 1999 as amended and supplemented by Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption and the implementation of returning state financial losses from criminal acts of corruption through an asset recovery agency provides a greater chance of success in its success because the internal regulations of the prosecutor's office and presidential regulations provide the authority to trace, confiscate and return assets obtained from criminal acts and other assets to the state, victims or those entitled.