PERAN JAKSA DALAM PELAKSANAAN PENGEMBALIAN UANG
PENGGANTI KERUGIAN NEGARA AKIBAT
TINDAK PIDANA KORUPSI
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Institusion
Universitas Atma Jaya Yogyakarta
Author
SIREGAR, RONALD ALEX HARRISON
Subject
Peradilan dan Penyelesaian Sengketa Hukum
Datestamp
2013-05-06 13:52:22
Abstract :
The attorney as executor of the decision of Justice has an important role in restoring the state of financial assets or the result of corruption. Prosecutors are functional official who is authorized by the Act to act as the implementing court decisions that have permanent legal force as well as other authorities under the Act. One other form of authority in question is authorized to execute a court decision in taking the property or assets from corruption. The purpose of this study was to analyze the data on the role of prosecutor in the impelementation of the offset refunds due to corruption and to analyze data on the barriers faced in the implementation of the offset refunds due to acts of corruption. Data obtained from the study were analyzed qualitatively, the analysis undertaken to understand and assemble data collected systematically, so as to obtain an overview of the issues under study. Attorney role in the implementation of the offset refunds due to corruption, then within a month after the verdict judgement, their property confiscated and auctioned off to cover attorney compensation. If the convicted person does not have sufficient assets to pay compensation, it shall be imprisoned for a duration not exceeding the maximum threat of a criminal anyway. Obstacles faced in the implementation of the refund due to state losses subsitute corruption, no rule specifically governing who is authorized or assigned has not been referred to a provision of the standard and can be justified by the law, as well as a civil suit for a long time-consuming.
The attorney as executor of the decision of Justice has an important role in restoring the state of financial assets or the result of corruption. Prosecutors are functional official who is authorized by the Act to act as the implementing court decisions that have permanent legal force as well as other authorities under the Act. One other form of authority in question is authorized to execute a court decision in taking the property or assets from corruption. The purpose of this study was to analyze the data on the role of prosecutor in the impelementation of the offset refunds due to corruption and to analyze data on the barriers faced in the implementation of the offset refunds due to acts of corruption. Data obtained from the study were analyzed qualitatively, the analysis undertaken to understand and assemble data collected systematically, so as to obtain an overview of the issues under study. Attorney role in the implementation of the offset refunds due to corruption, then within a month after the verdict judgement, their property confiscated and auctioned off to cover attorney compensation. If the convicted person does not have sufficient assets to pay compensation, it shall be imprisoned for a duration not exceeding the maximum threat of a criminal anyway. Obstacles faced in the implementation of the refund due to state losses subsitute corruption, no rule specifically governing who is authorized or assigned has not been referred to a provision of the standard and can be justified by the law, as well as a civil suit for a long time-consuming.
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