Legal Policy of Prosecution of Corruption that Restore the State Losses
Abstract
The priority in eradicating corruption in Indonesia is striving for the state financial losses to be returned, because it is not enough just to impose criminal sanctions only. However, the implementation in the case of confiscation of assets as money to replace corruption is not easy, because it is related to the provisions in other law enforcement which are included in the criminal justice sub-system. Restoring state losses is the duty, responsibility and authority of law enforcement officials including the Attorney General’s office. The problem studied is the Circular Attorney General of the Republic of Indonesia Number: SE-003/A/JA/02/2010, February 25th 2010, which contains guidance for prosecuting criminal cases in corruption. This circular is a Legal Policy to set asise cases (seponering) regulated in article 35 C of the Attorney General’s Law of the Republic of Indonesia, which states, “The Attorney General has the duty and authorirty to set aside cases for the public interest. This authority is the principle of legality and opportunity (legaliteits en het opportuniteits beginsel) which influences criminal charges against perpetrators of corruption. This research found that the perpetrators of criminal acts of corruption which return one hundred percent state losses, the Public Prosecutor’s Office demands criminal acts of corruption perpetrators with a maximum of 2 years in prison, in accordance with the provisions stipulated in article 5 of Law Number: 31 of 1999. The approach done by the Public Prosecutor’s Office is that restorative punishment with judicial considerations as stipulated in the Circular Attorney General of the Republic of Indonesia.
