Legal implications of the criminal policy of returning state financial losses by corporations in corruption criminal acts to restore state financial losses

Idris Wasahua, Istislam Istislam, Abdul Madjid and Setyo Widagdo
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Idris Wasahua: Faculty of Law, Brawijaya University
Istislam Istislam: Faculty of Law, Brawijaya University
Abdul Madjid: Faculty of Law, Brawijaya University
Setyo Widagdo: Faculty of Law, Brawijaya University

International Journal of Research in Business and Social Science (2147-4478), 2021, vol. 10, issue 8, 298-303

Abstract: The criminal policy of returning state financial losses to corporations as perpetrators of corruption in state financial losses is regulated as additional criminal sanctions in the form of confiscation of goods and payment of replacement money in Article 18 paragraph (1) letter a and letter b of Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning the Eradication of Corruption Crimes. The purpose of this study is to find out how the legal implications of the criminal policy of returning state financial losses by corporations as perpetrators of criminal acts of corruption are. This research includes normative legal research with several approaches, namely; Historical approach, statutory approach, case approach, and conceptual approach. The results of this study show that the existing criminal policy for recovering state financial losses still has various legal implications which result in non-optimal efforts to recover state financial losses due to corruption in state financial losses committed by corporations. Key Words:Criminal Policy, State Financial Losses, Corruption, Corporation

Date: 2021
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