CD Tesis
Analisis Yuridis Surat Telegram Kepala Badan Reserse Kriminal Nomor ST/206/VII/2016 Tentang Pengembalian Kerugian Negara Dikaitkan Dengan Undang-Undang Nomor 31 Tahun 1999 Tentang Tindak Pidana Korupsi
This study aims to analyze the legal position of Kabareskrim Telegram Letter No. ST / 206 / VII / 2016 concerning the Return of State Losses associated with Law Number 31 of 1999 in the regulation of legislation in Indonesia. How is the legal responsibility for Kabareskrim Telegram Letter No. ST / 206 / VII / 2016 Regarding the Return of State Losses associated with Law Number 31 of 1999. What are the juridical implications of the Kabareskrim Telegram Letter No. ST / 206 / VII / 2016 Concerning the Return of State Losses is associated with Law Number 31 of 1999 concerning the development of Criminal Law. The legal research method is normative wherein this study is a study that focuses on secondary data in the form of written legal norms.
Results and discussion that the legal position of Kabareskrim Telegram No. ST / 206 / VII / 2016 Concerning the Return of State Losses associated with Law No. 31 of 1999 basically is not enough to become a legal basis because there is no concrete legal umbrella that regulates and is only based on MoU and is contrary to UUTPK Article 4 the state or economy of the country does not abolish the criminal convictions "in accordance with Article 2 and Article 3 so the form is only in the form of policies. The year 1999 was carried out even though there was no clear legal umbrella because it was contrary to the existing regulations and this was only a government policy that wanted to restore State losses so that there was public awareness that this could be resolved at the level of police investigation as a restorative justice system approach. The juridical implication of Kabareskrim Telegram Letter No.ST/206/VII/2016 concerning the Return of State Losses is related to Law No. 31 of 1999 regarding the development of Criminal Law that this is something new in corruption law enforcement and in general criminal law even though it is contrary to The UUTPK and this has the effect of making the crime of corruption the same as other ordinary actions and not extraordinary anymore if indirectly the return of State finances causes the abolition of criminal means the nature of the law does not force again and becomes full of tolls. And this is one of the developments in criminal law at this time.
Keywords: Corruption Crime, State Losses
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