Restorative Justice in Return of State Loss from Corruption

Alianto and Fauzie Yusuf Hasibuan
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Alianto: Department Doctor of Law Program, Universitas Jayabaya, Indonesia
Fauzie Yusuf Hasibuan: Department Doctor of Law Program, Universitas Jayabaya, Indonesia

International Journal of Research and Innovation in Social Science, 2022, vol. 6, issue 10, 710-712

Abstract: Returning state financial losses as the basic and main goal of eradicating corruption in Indonesia, which is currently still overshadowed by the paradigm of retributive justice or retaliation. The researcher considers that it is necessary to make a change or revision in the court system in Indonesia, especially in terms of applying penalties for perpetrators of criminal acts of corruption who have made payments for state financial losses as a whole by taking into account the principle of restorative justice. To analyze these problems, a normative juridical research method is used. The results of this study are the construction of restorative justice in corruption, especially the return of state losses, emphasizes that the position of the case must be changed, no longer for the sake of certainty for punishment, but for the sake of the victim’s interests and material recovery, the point is how to prevent the perpetrators from imprisonment but remain responsible. answer.

Date: 2022
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