Application of Additional Criminal Penalties in the Form of Replacement Fee by The Public Prosecutor in Cases of Criminal Acts of Corruption

Abstract

This research is motivated by the fact that in practice, in corruption cases handled by law enforcement officers, it is difficult to find the proceeds of corruption in the form of money because the perpetrators have spent the money from corruption or used and transferred it in other forms. The proceeds from corruption in the form of money are not only obtained by the perpetrators through transfers between accounts but also money obtained in cash. Not infrequently, in the process, many perpetrators of corruption deny having received or spent and transferred it in other forms, while on the one hand, law enforcement officers in this case the Prosecutor must be able to prove in court where the money went. This research aims to: 1. find out and analyze the application of additional criminal penalties in the form of replacement money by the Public Prosecutor in corruption cases, 2. find out and analyze the effectiveness of the application of additional criminal law in the form of replacement money by the Public Prosecutor in corruption cases; This research uses an empirical legal approach with analytical descriptive research specifications, the types and sources of data are primary data through interviews and secondary data through literature studies, analytical methods and logical and systematic. The research problem is analyzed using the theory of legal certainty and the theory of legal effectiveness. Based on the research, it can be concluded: (1) The application of additional penalties in the form of replacement money by the public prosecutor in corruption cases is guided by the applicable regulations and aims to recover state financial losses; (2) The application of additional penalties in the form of replacement money by the public prosecutor in corruption cases is not effective because the recovery of state financial losses is not optimal and there is a difference between the demands by the public prosecutor and the verdict by the panel of judges regarding replacement money.