PENETAPAN PENGHENTIAN PENYIDIKAN TINDAK PIDANA KORUPSI BERDASARKAN ALASAN TERSANGKA TELAH MENGEMBALIKAN KERUGIAN KEUANGAN NEGARA

KHAIDIR, YUL and Nashriana, Nashriana and Yuningsih, Henny (2020) PENETAPAN PENGHENTIAN PENYIDIKAN TINDAK PIDANA KORUPSI BERDASARKAN ALASAN TERSANGKA TELAH MENGEMBALIKAN KERUGIAN KEUANGAN NEGARA. Master thesis, Sriwijaya University.

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Abstract

This study analyzes criminal liability and law enforcement against suspects or defendants of corruption that return state financial losses before the court verdict. This research is a normative legal research, using a statutory, conceptual, and case approach as well as legal theories. The results of this study indicate that, first, to return the state's financial losses before the court's verdict, which is proven by the calculation of state losses that no longer exist due to the fact that witnesses / suspects have returned state losses. Even though there is a conflict based on article 4 of the Corruption Act, but for the sake of repaying state losses that is put forward so that the steps to settle cases outside the court are Out court settlement with the Master Settlement Acquisition Agreement (MSAA) mechanism as well as the Master Refinancing and Notes Issuance Agreement (MRNIA). In addition, in common law countries and some civil law countries have used the concept of plea bargaining and a Deferred Prosecution Agreement (DPA) to address weaknesses in handling corruption crimes. Plea Bargaining is an exchange of rights offered by law enforcers with the admission of the defendant's guilt. This exchange can be in the form of a sentence imposed by the court or the amount of criminal charges imposed by the public prosecutor. Meanwhile, the Deferred Prosecution Agreement (DPA) is a mechanism for solving problems in criminal acts committed (in particular) by corporations. In this case, the defendant (corporation) and the public prosecutor conduct negotiations to discuss the policy of the public prosecutor to stop cases allegedly committed by the corporation. The Attorney General's Office stops investigators if the suspect has returned the state's financial losses based on SE Jampidsus No: B-1113 / F / Fd.1 / 05/2010 concerning Priorities and achievements in the Handling of Corruption Crime Cases, dated May 18, 2010. With the aim other than providing legal certainty to the suspect, this aims to make the judicial process run in a simple, fast and low cost, so that the settlement of cases outside the court becomes a way out for the effectiveness of the criminal justice system so that state finances can be recovered or saved.

Item Type:	Thesis (Master)
Uncontrolled Keywords:	Corruption Crime; Investigation Termination Warrant (SP3); State Financial Losses
Subjects:	K Law > K Law (General) > K100-103 Legal education
Divisions:	02-Faculty of Law > 74101-Law (S2)
Depositing User:	Users 11257 not found.
Date Deposited:	01 Apr 2021 02:05
Last Modified:	01 Apr 2021 02:06
URI:	http://repository.unsri.ac.id/id/eprint/44681

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