Economic approach in corruption settlement based on state loss value

Samsul Huda, Prija Djatmika, Bambang Sugiri and Siti Hamidah
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Samsul Huda: Faculty of Law, Brawijaya University, Malang, Indonesia
Prija Djatmika: Faculty of Law, Brawijaya University, Malang, Indonesia
Bambang Sugiri: Faculty of Law, Brawijaya University, Malang, Indonesia
Siti Hamidah: Faculty of Law, Brawijaya University, Malang, Indonesia

International Journal of Research in Business and Social Science (2147-4478), 2020, vol. 9, issue 3, 123-132

Abstract: The purpose of this research is to find out how to resolve corruption on the basis of the value of state loss with an economic approach to the law. This research is normative juridical research with a statute approach, comparative approach, case approach and conceptual approach. This research shows research on the philosophy of eradicating corruption, restoring state losses, and high efficiency in order to realize economic growth and national development through an economic analysis approach to the application of its law. The results showed that the PTPK Law was made for economic stability, therefore, solving the problem of corruption cannot be separated from the consideration of the country's economy, and the costs that pose a relative risk to state expenditure affecting the country's economy. The juridical reality, the regulation of additional criminal charges, namely the penalty of paying as much as the amount of corrupt compensation as stated in Article 18 paragraph 1 letter (b) of the PTPK Law, if it is related to empirical facts about the imbalance between costs and the recovered economic value, is the reality is that the series of state expenses have increased. Key Words: Corruption, law enforcement, state loss, economic approach

Date: 2020
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