Optimizing Compensation Payments in Recovering State Losses Due to Corruption Crimes

Abstract

This study aims to see the return of state losses through the payment of replacement money by corruption convicts which consists of (1) How to regulate the return of state losses through the payment of replacement money by corruption convicts (2) What are the consequences of the payment of replacement money for the state finances of the Republic of Indonesia. This study is a normative juridical study, namely research that is focused on studying the application of rules or norms in positive law, the object of this study is positive law. Normative legal science is a legal science that is sui generis, meaning it cannot be compared with other sciences. The focus of the study is positive law, therefore this normative legal science has many names. The results of this study show (1) As for the regulation of the Return of State Losses Through the Payment of Replacement Money by Corruption Convicts that alternative payments are a way to provide compensation to the State caused by corruption. The payment of replacement money is regulated by Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption as amended by Law Number 20 of 2001 Amendment to Law Number 31 1999 concerning the Eradication of Criminal Acts of Corruption (2) The consequences of paying replacement money to the state finances of the Republic of Indonesia are that criminals of corruption are required to return state losses and normalize the state economy due to corruption. Law Number 31 of 1999 in conjunction with Law Number 20 of 2001, Article 18 regulates this matter. However, its implementation is not effective for returning losses and normalizing the state economy. Based on the analysis of this research, it shows that most corruption convicts in Indonesia do not pay replacement money but choose a prison sentence instead.