Pembayaran Uang Pengganti pada Tindak Pidana Korupsi dalam Perspektif Asset Recovery (Studi pada Pengadilan Negeri Binjai)

Abstract

District Court of Binjai for period of 2008 to 2010 has punished the actor of corruption criminal act with additional fine with compensation payment of Rp.890,658,004.- By the amount in fact, the District Attorney of Binjai may proceed to collect only Rp. 76,977,500,;; noted about 8% from a due to take in collect by the authority, in this case District Attorney of Binjai. The mechanism for restitution on state lost in money by paying with compensation as ruled tn UU No.31 of 1999 Jo UU No.20 of 2001 regulations is not accommodated any more, it is necessary to apply other mechanism as possible to generate an optimal result for repaying state lost, such as by adopting there an asset recovery principle as it has been ruled within UNCAC 2003. Accordingly, in this study is assumed its problem namely how to understand and to apply the asset recovery in judging with criminal by general prosecutor and by adjudication on District Court of Binjai. This research adopted a normative juridical approach method. in this case to search law as a positive norms by analyzing the problems as available based on the regulations ruled, upon adjudication and prosecution by general prosecutor as well as literature and by interview to discuss the problems appeared, all it is resourced from library research. documentation study and field data. By that research then obtained a conclusion as the Judges who serving to District Court of Binjai and Prosecutors in District Attorney of Binjai especially they who handle the cases in corruption criminal acts yet adopt their view in settling many corruption criminal acts based on repressive executing with putting punishment on body than taking with asset recovery so that state lost that has been existing unable to repay back optimally. It's time to apply the confiscation or seizure and freezing of assets referred to in the UNCAC 2003 in to Law a new Corruption.