EFEKTIVITAS PENERAPAN SANKSI PIDANA TAMBAHAN TERHADAP PELAKU KORUPSI DALAM PERSPEKTIF PEMULIHAN KERUGIAN KEUANGAN NEGARA

Abstract

This study focuses on examining the effectiveness of implementing additional criminal sanctions against corruption offenders in relation to the recovery of state financial losses. In Indonesia’s legal practice, additional penalties such as restitution, asset confiscation, and the seizure of state property are regulated under Article 18 of Law No. 31 of 1999 in conjunction with Law No. 20 of 2001. However, their enforcement often faces significant obstacles, including the difficulty of tracing illicit assets, weak inter-agency coordination, and the low execution rate of court rulings. Using a normative juridical approach supported by legal literature and an analysis of corruption court decisions, this research finds that additional criminal sanctions have not yet functioned effectively as an instrument for financial recovery, despite their strong legal foundation. The findings emphasize the need for strengthening asset-tracing mechanisms, enhancing institutional and international cooperation, and ensuring consistent law enforcement to achieve restorative justice. Thus, the additional sanction should not merely serve as a form of punishment but also as a legal mechanism to restore state financial losses and rebuild public trust in the justice system.