Asset Seizure as an Effort to Recover State Financial Losses in Corruption Criminal Cases

Abstract

So far, criminal law has been built on the basis of a retributive paradigm, so that repressive and coercive characteristics dominate. Along with the times, the paradigm shifted towards a restorative paradigm. In the Law on the Eradication of Criminal Acts of Corruption, this is embodied through the existence of additional penalties in the form of payment of replacement money to restore state financial losses. So, the law enforcement approach used is to follow the suspect, follow the money, and follow the assets. The main problem in this study is what are the obstacles in the implementation of asset confidence in returning state financial losses in criminal acts of corruption considering that the criminal evidence system is the highest evidentiary system, namely negative wettelijk bewijs theory. And what are the ideal laws and regulations in regulating, so that efforts to recover state financial losses carried out by law enforcement officers are optimal. The research method that the author uses is juridical-normative, namely legal research conducted by examining library materials, both on primary, secondary, and tertiary legal materials. This research is descriptive analysis, which provides a clear and detailed description of an event that occurred. The method of drawing conclusions used is the deductive-inductive method. The deductive method is used as the main guide, and the inductive method as the supporting work procedure. From the results of the study, it can be concluded, there are still several factors that influence the non-maximum return of state financial losses, namely in the form of laws and regulations that still use the classical approach, have not accommodated the norms of UNCAC, there are no progressive policies, weak cooperation/coordination between institutions. and international cooperation, and the public has not been properly educated. In fact, some of these recommendations can answer the problems that have been faced so far. Therefore, it is necessary to make adjustments to the Criminal Procedure Code and the PTPK Law, which since their formation have not been prepared for asset recovery by taking into account the principle of due process of law.