Reformulation of Termination of Investigation of Corruption Cases with Restitution of Small State Losses Based on Benefit

Abstract

This study aims to determine and analyze the regulation of termination of investigation of corruption cases with the return of state losses in the small category. To determine and analyze the weaknesses of the current termination of investigation of corruption cases. To determine and analyze the formulation of termination of investigation of corruption cases with small state losses based on utility. This study is a normative juridical type, the method of legislative approach, case approach, the research specifications are descriptive analysis, the data sources used are secondary data taken from primary legal materials, secondary legal materials, tertiary legal materials, data collection methods through literature studies and analysis techniques using qualitative. The results of the study indicate that the regulation of termination of investigation of corruption cases with state financial losses below 50 million rupiah which is a small corruption, then the application of the Attorney General's Circular Letter will be more appropriate and appropriate. When viewed from the perspective of legal utility, the nature of the Circular Letter also has legal force that can be implemented, which is based on benefits for the state and society. Specifically, in handling corruption crimes under 50 million rupiah, the benefits obtained include the recovery of state financial losses and a greater focus on law enforcement officers in handling corruption cases that involve greater state losses. There are weaknesses in the legal structure, legal substance, and weaknesses in the legal culture. Reformulation of regulations to terminate investigations into corruption cases with losses under 50 million rupiah, which are considered minor corruption, and the application of restorative justice is a relevant and appropriate legal remedy for perpetrators of corruption. This is in line with the theory of utility, which states that the state should not suffer greater losses in handling corruption cases.