Returning State Financial Losses in Corruption Crimes in the Framework of Progressive Law

Ulil Amri; Muhammad  Irwan; Ismail Iskandar

doi:10.30872/

Authors

Ulil Amri Universitas Mulawarman Author
Muhammad Irwan Faculty of Law, Hasanuddin University Author
Ismail Iskandar Faculty of Law, Hasanuddin University Author

DOI:

https://doi.org/10.30872/

Keywords:

Asset Recovery, Corruption, Progressive Law, State Financial Losses

Abstract

Legal breakthrough efforts to recover state losses to encourage national economic growth are not emotional legal breakthroughs but rational ones based on theoretical arguments. This article aims to analyze the existence of system changes through legal breakthroughs (rule breaking) through the optimization of asset confiscation and efforts to shift the paradigm of judges to decide cases without subsidiary confinement and optimize state compensation. Efforts to recover state losses are highly dependent on the courage of law enforcement officials, especially judges, to explore and create just laws. According to the author, a good decision is a decision that is visionary and brave in doing rule breaking by looking at the development of society in the future, but still guided by truth and justice and in favor of the fate and condition of the nation and state, so that it can bring prosperity and welfare to the community and can also bring the nation and state out of poverty due to corruption. Efforts to restore state losses must be based on a rational policy by taking into account the economic condition of the convict who is unable to pay off the restitution, so it is possible for the judge to replace it with imprisonment. However, the policy of determining the substitute imprisonment sanction must be truly balanced and proportional to the value of the restitution charged to the convict on the basis of the calculation that the greater the value of state losses due to corruption, the longer the substitute sentence must be served.

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