CD Skripsi

Perlindungan Hukum Terhadap Pelaku Tindak Pidana Korupsi Dalam Pelaksanaan Perampasan Aset Secara Tidak Wajar Dikaitkan Dengan Asas Praduga Tak Bersalah

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ABSTRACT
Provisions regarding confiscation of assets resulting from criminal acts of
corruption are regulated in Article 18 paragraph (1) of Law Number 31 Year
1999 jo. Law Number 20 Year 2001 Concerning the Eradication of Corruption
Crime. In implementing the law enforcement apparatus will be faced with various
conditions that lie in the protection of human rights, namely the rights of the
suspect or the rights of the defendant, in realizing the due process of law, law
enforcers must pay attention to the rights of the suspect or defendant which
normatively must be have a place in the criminal justice system. However, this
mechanism of expropriation without criminal charges which is considered a
breakthrough contains a very crucial point. The application of the presumption of
innocence must be applied by the KPK in confiscating assets resulting from
criminal acts of corruption during the investigation stage. The KPK is not allowed
to seize without first tracing and identifying assets. However, in fact, in some
cases the plunder was carried out improperly. The confiscation of assets must be
carried out by the KPK through a quality control assessment. The existence of this
control is an important part so that confiscation is carried out carefully and
thoroughly. The KPK is obliged to apply the presumption of innocence to assets
owned by perpetrators of corruption. Applying the principle of presumption of
innocence in confiscation of assets is an effort to provide legal protection and
avoid confiscating assets by violating the protection of property rights.
This research will be compiled using the juridical normative research type,
which is research that is focused on examining the application of legal principles
or norms to legal principles. By conducting identification in advance of the legal
principles that have been formulated in certain legislation. The data collection
technique used in this research is literature study. The approach used in this
research is to use a normative approach, namely literature law research.
The results of the research conducted by the author are first, the
arrangement of improper confiscation of assets against perpetrators of corruption
in Indonesia in Law No. 31 of 1999 jo. Law Number 20 Year 2001. The regulation
stipulates that confiscation of assets without punishment can be carried out if the
judge first grants a civil suit from the state attorney or agency that is injured,
namely in the absence of sufficient evidence to continue the criminal process. The
form of legal protection for perpetrators of corruption is linked to the
presumption of innocence. Protection of Human Rights of Suspects is protected in
the constitution and laws in force in Indonesia. The 1945 Constitution (UUD) is
the basis for all Indonesian citizens to exercise their rights as citizens in the life of
the nation and state.
Keywords: Plunder - Corruption - Presumption of Innocence

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 120 (0249)

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2020

Deskripsi Fisik

ix, 79 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 120 (0249)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Daus

Versi lain/terkait

Lampiran Berkas

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