PROSECUTOR'S AUTHORITY AS A COUNTRY LAWYER IN RETURNS OF STATE LOSSES DUE TO CORRUPTION CRIMINAL ACTION
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Rini Krisna Boboy
Dr. Umbu L. Pekuwali, S.H., M.Hum
Dr. Aksi Sinurat, S.H., M.Hum
The Attorney General of the Republic of Indonesia, as one of the law enforcement agencies in Indonesia, plays an important role in the law enforcement process. The role of the prosecutor in enforcing the Law for the Maintenance of Public Order, Legal Security, and the Protection of the Interests of the State and the Civil Rights of the People, as set forth in Law No. 16 of 2014 concerning the Attorney General of the Republic of Indonesia, became known as the Prosecutor General. The role of prosecutors includes their ability to represent the state in efforts to offset financial losses incurred by the state due to criminal acts of corruption. However, this agency has not guaranteed a significant return on government losses due to corruption. The writing of this thesis uses a normative legal research methodology and serves two purposes, namely, to analyze the laws and regulations governing the authority of prosecutors as prosecutors in relation to the restitution of state losses, and to study and describe the role of prosecutors to make the restitution to guarantee government assets or to offset government losses. due to criminal acts of corruption. Therefore, it is necessary to review the existing regulations so that the existing regulations do not open opportunities for corrupters to avoid being responsible for restoring government losses. The Attorney General's Office uses an asset recovery approach that is effective, efficient, transparent, and accountable so that the recovery of state finances can be achieved for justice, certainty, and legal benefits in society.
Books :
Bambang Sunggono, Legal Research Methods (An Introduction), 2001, Jakarta: PT. King Grafindo Persada.
Set of instructions for the Deputy Attorney General for Civil and State Administration (JAM DATUN), XXII, Publisher: Attorney General of the Republic of Indonesia
Purwaning M. Yanuar, 2007, Return of Assets Proceeds from Corruption . Bandung; PT Alumni.
Soerjono Soekanto and Sri Mamudji, 1990, Normative Legal Research A Brief Overview, Jakarta: Rajawali Press.
Soerjono Soekanto and Sri Mamudji, 2004, Normative Legal Research, Jakarta: Raja Grafindo Persada.
Suhendar, 2015, The Concept of State Financial Losses Approach Criminal Law, State Administrative Law and Special Criminal Corruption . Malang-East Java, Equivalent to Intrans Publishing Press, Wisma Kalimetro Jl. Joyosuko Metro 42.
Laws and regulations :
• Law on the Prosecutor's Office of the Republic of Indonesia No. 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia . Citra Umbara, Bandung.
• Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Non-Criminal Corruption.
• UU no. 48/2009 concerning Judicial Power , Article 52 paragraph (2).
• Presidential Regulation No. 38 Year 2010
• Attorney General Regulation Number PER-018/A/JA/07/2014 of 2014 concerning Standard Operating Procedures for the Junior Attorney General for Civil and State Administration (Perja 18/2014).
• Profile of the Junior Attorney General for Civil and State Administration in the 11th Year.
• Law Number 15 of 2006 concerning the Supreme Audit Agency
• Law Number 17 of 2003 concerning State Finance
• Law No. 1 of 2004 concerning the State Treasury.
Supporting Sources (Hardcopy and Website Links):
- Directory of Decisions of the Supreme Court of the Republic of Indonesia Year 2017; verdict.mahkamahagung.go.id : Decision number 19/Pid.Sus-PK/2017/ PN.Kpg , Cases of corruption Procurement of goods and services by CV. Lesion of Typhoons in the Boat Mooring Bridge Construction Project (JPT) Fiscal Year 2014 Wailebe Village, Wotan Ulumado District, East Flores Regency-NTT.
- Directory of Decisions of the Supreme Court of the Republic of Indonesia Year 2019; verdict.mahkamahagung.go.id : Decision number 25/PID.SUS-TPK/2019/PN.KPG , Corruption Case of 2016 APBDes Fund sourced from APBN for Fiscal Year 2016, Oinino Village, South Central Timor Regency, East Nusa Tenggara.
- www.kejaksaan.go.id Functions of the Civil and Administrative Affairs Sector at the Indonesian Prosecutor's Office , the Indonesian Attorney General's Center for Legal Information
- id.m.wikipedia.org/Wikipedialink www.kejaksaan.go.id accessed August 1, 2019.
- http://datunkejaritakengon.blogspot.com/p/article Hukum.html . Retrieved November 07, 2019 At 20:35.
- http://datun.kejati-ntt.com ( Also obtained in the form of a hardcopy handout on the description of the duties, functions and powers of the prosecutor in the civil and state administration sector by Robert J. Lambila, SH, MH and Godlief Hae, SH Head of Datun Division at the NTT Prosecutor's Office and the Professional Attorney for Datun at the NTT Prosecutor's Office).
- Detiknews, Wednesday 11 September 2019 with the title: Novanto Returns in Installments to Replace Corruption e-KTP
- Kompas.com, ICW: State Losses due to Corruption in 2018 Reached IDR 9.29 Trillion , Jakarta; Accessed 28 April 2019 | 15:29 WIB.
- Papers.ssrn.com 08 October 2016, John Rawls' Theory of Justice (John Rwls' Theory of Justice)
- https ://ngobrolin Hukum.wordpress.com , understand legal certainty.
