EKSEKUSI PEMBAYARAN UANG PENGGANTI DALAM PERKARA TINDAK PIDANA KORUPSI
The purpose of this research is to find out executions in the decision of payment of compensation that can not be paid entirely by the prosecutor convicted of corruption and efforts for the payment of money to be paid entirely the compensation in corruption cases. This research is a normative-empiri...
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| Main Authors: | , |
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| Format: | Theses and Dissertations NonPeerReviewed |
| Published: |
[Yogyakarta] : Universitas Gadjah Mada
2011
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| Subjects: | |
| Online Access: | https://repository.ugm.ac.id/89511/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=51610 |
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| Institution: | Universitas Gadjah Mada |
| Summary: | The purpose of this research is to find out executions in the decision of
payment of compensation that can not be paid entirely by the prosecutor convicted
of corruption and efforts for the payment of money to be paid entirely the
compensation in corruption cases. This research is a normative-empirical
research, ie research that is done by researching library materials and field data as
the main supporter. Based on the result, executions in the decision of payment of
compensation, can not be fully paid by the convicted of corruption, because: First,
the Act Corruption is not set if the convicted person pays only a partial payment
of compensation. Second, the prosecution has not used the maximum
eksekutorialnya function in collecting payment of compensation. Third, convicted
of corruption would prefer serving a jail subsidiary / legal entity rather than pay
compensation. Fourth, the confiscation of property made after the case convicted
of corruption the remain legal force. Fifth, or the last, do not use a civil lawsuit to
the settlement payment of compensation.
Conclusions in this research, for execution of criminal in the decision of
payment of compensation to be paid entirely by the convict, the prosecutor must
do: First, to maximize the discretion to substitute cash payments. Second, to
maximize the efforts of non-litigation by prisoners or their families through
alternative dispute resolution including: negotiation, mediation, conciliation and
arbitration. Third, improve the quality of the State Attorney Lawyers. Fourth,
or the last, to confiscate any early and maximize community participation in
discovering the wealth convicted of corruption |
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