IMPLEMENTASI PERAMPASAN HARTA PELAKU TINDAK PIDANA KORUPSI SEBAGAI UPAYA PENGEMBALIAN KERUGIAN KEUANGAN NEGARA (STUDI DI KEJAKSAAN NEGERI KABUPATEN LAMPUNG BARAT)

Abstract

Corruption is one of the extraordinary crimes which is detrimental to the state, endangers economic stability and people's welfare, endangers social and political development, and can undermine democratic and moral values that have been upheld by the Indonesian State. In writing this thesis the author refers to a case of criminal acts of corruption within the West Coast District Health Office. a.n the sentence of Bambang Purwanto, SKM., M.Kes. Bin Soekarmen (late) who was harmed caused state finances of Rp. 387,604,000.00 in the West Coast District Health Operational Assistance (BOK) program, which fulfilled the elements of corruption in accordance with Law Number 31 of 1999 concerning the Eradication of Corruption Crimes juncto Law Number 20 of 2001. Based on this decision the author wants to know what are the practices generally carried out by executing prosecutors in confiscating confiscated goods or assets resulting from corruption crimes? What are the obstacles faced by the Executing Prosecutor in confiscating confiscated goods and assets resulting from corruption crimes? Legal research is carried out using normative juridical and empirical juridical approaches. Data analysis was carried out using qualitative analysis methods. The results of the research showed that the prosecutor's procedures in confiscating assets resulting from corruption were felt to be less than optimal and ineffective. Considering that there is no specific law that regulates the recovery of assets, even though there is already a Draft Law (RUU) on the confiscation of assets resulting from corruption. Therefore, this prosecutor is an executor prosecutor in confiscating assets resulting from corruption using only the Standard Operating Procedures (SOP) of each Attorney's Office. Obstacles in carrying out procedures for appropriation of assets resulting from corruption by executor prosecutors are the difficulty and limited budget of the attorney in tracing assets when the assets are transferred to other parties or third parties as well as assets being taken abroad.