STRATEGI JAKSA PENGACARA NEGARA UNTUK MEMULIHKAN KERUGIAN NEGARA AKIBAT KORUPSI MELALUI INSTRUMEN HUKUM KEPERDATAAN

Abstract

This research aims to determine and analyze the strategy of the State Attorney in recovering state losses due to corruption through civil law instruments in Indonesia and provide recommendations regarding efforts to develop this strategy. This research is a juridical-empirical research with a descriptive-analytical presentation. The data collection in this study was carried out by reviewing legal materials and conducting interviews with the State Attorney. In using civil law as a legal instruments to recover state losses due to corruption, the State Attorney is highly depend on the criminalization process. This things can be found in the regulations subtance as well as in legal practice. On the other hand, the generally applicable Civil Law Procedure could not be an optimal legal instrument in supporting those process. Thus as a strategy, the State Attorney seeks an alternative dispute resolution and a strict liability concept to the corruptors heirs. As an improvement of this strategy, the State Attorney can expand the interpretation of state losses and make NCB-asset forfeiture as a substitute for the criminal asset forfeiture.