CD Tesis
Analisis Subsider Pasal 18 Ayat 3 Tentang Uang Pengganti Sebagai Asset Recovery Tindak Pidana Korupsi Dalam Sistem Peradilan Pidana Dikaitkan Asas Efektivitas
The law places a special emphasis on the amount of replacement money, which is as much as the assets obtained from the criminal act of corruption. In juridical terms, this must be interpreted that the losses that can be borne by the convicted person are real and definite losses of the State as a result of an act against the law, whether intentionally or negligently committed by the convict not being able to pay replacement money will be added to the criminal penalty yanki body (prison) but in the sound of Article 18 paragraph 3 the reference only says it will not exceed the basic sentence. Formulation of the Problem How Subsidiary Analysis of Article 18 paragraph 3 regarding Replacement Money as Asset Recovery for Corruption in the Criminal Justice System is Linked to the Principle of Effectiveness. How is the Concept of the Application of Additional Replacement Money Criminal Sanctions in order to be More Maximum. The normative legal research method with a statutory approach to replacement money in cases of corruption cases will later be analyzed against legal principles with reference to legal norms contained in statutory regulations that have a relationship with the title of this scientific paper. Results of Subsidiary Analysis of Article 18 paragraph 3 concerning Replacement Money as Asset Recovery for Corruption in the Criminal Justice System Associated with the Principle of Effectiveness is still not effective because in an effort to recover state losses with replacement money as regulated in Article 18 paragraph 3 of the Corruption Crime Law Number 31 1999, as amended by Law Number 20 of 2001, does not have a clear limit in determining the amount of replacement money. The concept of applying additional criminal sanctions for additional compensation money so that the first maximum forced confiscation of the property of the defendant before the judiciary was decided, secondly forcible confiscation of the convict's assets to cover State losses.
Keywords: Replacement Money; Corruption; Criminal Justice System
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