RETURN OF ASSETS OF THE CRIMINAL ACTION OF CORRUPTION AND SOME PROBLEMS IN THE IMPLEMENTATION
Muhammad Fadli Nasution

Borobudur University

Abstract

The destruction of a country^s economic foundation can be caused by corruption. This happens because acts of corruption have taken large amounts of state money so that it has an impact on the difficulty of the state in improving development for the welfare of the community. Therefore, every perpetrator of corruption must be responsible for returning state assets to the country itself. The annual report of Transparency International 2021 shows that Indonesia^s ^achievement^ which is ranked 96 out of 180 countries as the most corrupt country in the world with a score of 38 (a score of 100 is clean from corruption), already has a law that can be used as an instrument to restore state financial assets. that have been corrupted, namely criminal law, civil law and state administrative law. Criminal law- corrupt assets can be confiscated, auctioned and sold. Civil law- the state can claim compensation against corruptors. State Administrative Law- The official concerned must be responsible for returning state assets due to acts against the law of corruption that have been carried out by the official. Corrupted state assets are not only detrimental to the state, but also to the state and its people. The formal procedural approach through criminal procedural law is currently not able to recover state losses, even though state assets which incidentally belong to the people- really need to be saved. The author argues, it is urgent to find other ways to save state assets, namely the return of assets of perpetrators of corruption (asset recovery). The author sees the state as a victim who must get protection, namely recovery from losses suffered by the state due to corruption.

Keywords: asset return, corruption, criminal law

Topic: Law on Criminal Act of Corruption and Asset Recovery