TINJAUAN YURIDIS TERHADAP MEKANISME GUGATAN PERDATA SEBAGAI UPAYA PENGEMBALIAN KERUGIAN KEUANGAN NEGARA (Studi Terhadap Ketentuan Pasal 32 Ayat (1) Undang-undang Nomor 31 Tahun 1999Tentang Pemberantasan Tindak Pidana Korupsi)

KRISNAWANTO, EDWIN (2007) TINJAUAN YURIDIS TERHADAP MEKANISME GUGATAN PERDATA SEBAGAI UPAYA PENGEMBALIAN KERUGIAN KEUANGAN NEGARA (Studi Terhadap Ketentuan Pasal 32 Ayat (1) Undang-undang Nomor 31 Tahun 1999Tentang Pemberantasan Tindak Pidana Korupsi). Other thesis, University of Muhammadiyah Malang.

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Abstract

One of elements in corruption crime is existence of state's finance loss. To loss of this state's finance, good in inviting old corruption that is No. 3, 1971 and also a new one that is No. 31, 1999 jo code 20, 2001 about eradication of corruption crime, specifies policy that loss of the state's finance must be returned or changed by corruption perpetrator. According to the corruption code, loss return of state's finance can be done through two instruments of law; they are criminal instrument and instrument of civil. Criminal instrument done by investigator by confiscating goods and chattel property of perpetrator and hereinafter by attorney is claimed to be hijacked by judge. While, instrument of civil done by attorney or institution harmed to be done civil suing to corruption perpetrator (accused, defendant, punished or his or her heir when punished pass away). Civil suing as loss return effort of this state's finance arranged expressly at new corruption code, one of them is code no. 31, 1999 about eradication of crime section 31 sentences (1). The statements of problem in this research: 1. what is the mechanism of civil suing done by attorney to return loss of state's finance in rule of Section 32 Sentences (1) Code no.31, 1999 About Eradication of Corruption Crime? 2. What are the constraints that are faced in civil suing to return loss of state's finance in rule of Section 32 Sentences (1) Code no.31, 1999 About Eradication of Corruption Crime? This research applies approach method of yuridis normative, Leverage technique of its data is bibliography study with Law and regulation as primary data. Then the result of the research is analyzed qualitatively. Mechanism of civil suing as loss return effort of state's finance in rule of Section 32 Sentences (1), fully subjugated to BW and HIR and has just can be submitted if, action in crime cannot be done as result of one or more element of its crime there are no complete evidence. But, there is other evidence in the form of loss of state's finance manifestly through The Government Finance Board Of Examiners analysis (BPKP) or public accountant. While corruption crime which can be brought a lawsuit to the court civil is corruption crime arranged in Section 2 and Section 3. This civil suing estimated there will be constraints in practice, they are: 1. civil process embraces verification system of formal that is in practice of poison is more difficult, 2. verification burden plaintiff (JPN) or other party that authorized by institution harmed very weight, 3. At its practice solving of civil dispute eats long time and long draw out, 4. Rule of section related to civil suing in inviting corruption is not operational and difficult to practiced, 5. In civil dispute is worn by cost, 6. The existence judge obligation in pacifying. The conclusion, mechanism of civil suing as loss return effort of state's finance in corruption, equal to mechanism of civil suing in general. Civil suing to accused, defendant or punished is striving standard even conventional and at all not “extraordinary way" and " special way" remembers many constraints estimated able to arise and blocks in practicing it. So effort returns loss of state's finance will not effective. Suggestion, the importance of formed [by] instrument of special civil, that loss recovery of state's finance can take place effectively

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Zainul Afandi
Date Deposited: 15 Jun 2012 03:29
Last Modified: 15 Jun 2012 03:29
URI: http://eprints.umm.ac.id/id/eprint/7930

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