CD Skripsi
Eksekusi Uang Pengganti Sebagai Pidana Tambahan Dalam Tindak Pidana Korupsi Di Wilayah Hukum Kejaksaan Negeri Medan
ABSTRACT
The legal basis for judges in giving additional criminal sentences in
the form of payment of compensation for non-corruption crimes is regulated
under the provisions of Article 18 of Law no. 31 of 1999 in conjunction with
Law no. 20 of 2001 concerning the Eradication of Corruption Crimes.
However, in practice there are still many problems in criminalizing
substitute money, one of which is the difficulty of the executor in executing
the replacement money. The objectives in writing this thesis, namely: First ,
to find out how the implementation of the payment of replacement money in
a criminal act of corruption. Second, to find out the obstacles to the
application of substitute money in corruption.
This type of research is a sociological legal research . So this method
links law to efforts to achieve goals and meet concrete needs in society.
Therefore, this method focuses on observing the implementation of the law.
From the results of the study, it was found that the legal basis for
judges in giving additional criminal sentences in the form of payment of
compensation for non-corruption crimes is regulated under the provisions
of Article 18 of Law no. 31 of 1999 in conjunction with Law no. 20 of 2001
concerning the Eradication of Corruption Crimes. Payment of replacement
money in a corruption crime is carried out after the court's decision has
permanent legal force ( inkracht ), the convict is given a grace period of 1
(one) month to pay it off, where after payment is made, the Prosecutor will
deposit the results of the payment to the State Treasury and send a copy.
minutes of payment of replacement money signed by the Prosecutor and the
convict to the District Court that hears the case.
The author's suggestions, First, To prevent state losses due to
corruption, an intensive and serious effort is made from the execution
apparatus in an effort to recover state losses. Second, the regulation
regarding additional penalties, especially for replacement money, must be
clarified so that there is no confusion and inconsistency in its
implementation.
Keywords: Corruption-Replacement Money-Execution
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