The model of the application of criminal sanctions in tackling acts of corruption through criminal money replacement
Ade Mahmud (a*), Dian Alan Setiawan (b), Eka Juarsa (b)
Faculty of Law, Bandung Islamic University
Jalan Ranggagading No. 8 Bandung 40116
Abstract
The implementation of sanctions against criminal offenses related to the protection of the convicted person and his contribution to recovering state losses which must be returned to the necessary model of corruption, which requires deterrent power and restoring the country. This research is intended (1) (2) To find an ideal model of imprisonment in dealing with corruption. This study uses a normative juridical approach that examines the principles of law, rules / norms, institutions and legal processes. The type of data used in this study is secondary data relating to primary legal materials such as the Criminal Law Act (KUHP), Law No. 31 of 1999 concerning Eradication of Corruption Crimes Jo Law No. 20 of 2001, Government Regulations, Supreme Court Regulation No. 5 of 2014 concerning Criminal Payment of Replacement Money in Corruption, Jurisprudence of the Supreme Court, International Conventions such as the United Nations Convention Against Corruption. The technique of collecting data in this study uses a literature study that is analyzing reading sources that analyze scientifically such as books, accredited Dikti scientific journals and Reputable International Journals. The analytical method used is qualitative. The results show that this research proves that this study proves that this study discusses financial problems related to financial problems related to financial problems relating to the state and an assessment of the state. 31 of 1999 concerning Eradication of Corruption Crime that provides an opportunity for convicted individuals to choose to pay money to support the court. In reality, the convicted person prefers prison sentences rather than paying the sum insured, as a result the state continues to suffer losses. The ideal model for applying money sanctions is to carry out a confiscation from the beginning if it needs money one month after the courts decision is legally binding (inckracht van bewisjde), to be implemented since the investigation is set up. This confiscation is an act in violation of the rules to break through rigidity in written law and anticipate that the money intended for money is not diverted to others and facilitates the prosecutor to request a guarantee for the settlement of the proceeds.
Keywords: Keywords: Criminal Sanctions, Corruption, Replacement Money
Topic: Law