FAILURE OF CRIMINAL LAW IN RECOVERING STATE LOSSES DUE TO CRIMINAL ACTS OF CORRUPTION

Abstract

Effectiveness Returning state financial losses due to criminal acts of corruption is still far from expectations. In 2022, the number of decisions observed by ICW will increase fundamentally, namely 2,056 decisions with 2,249 defendants. In 2022, the average perpetrator of corruption will be imprisoned for 3 years and 4 months, which will cost the state Rp. 48,786,368,945,194.70 (Rp. 48,786 trillion). This article aims to describe the form of failure of Indonesian criminal law in efforts to return state assets and analyse the causes and consequences resulting from the failure of criminal law in efforts to return state assets. This research is based on qualitative research by conducting legislative studies and literature studies. The research results show that the form of failure to recover state financial losses is characterized by the increasing value of unrecovered state losses from year to year. This is a result of the legal vacuum that can be applied in efforts to recover state financial losses because the applicable legal formulation is no longer relevant or cannot reach the scope for confiscation of corruptors' assets so that judges have limitations in making sentences regarding the return of state losses. This has the impact of hampering equitable economic development and hindering foreign investors because the rulers and conglomerates use land to benefit certain groups. This research concludes that the formulation of criminal law cannot accommodate legal needs regarding the recovery of state financial losses due to corruption, so it is recommended to immediately pass the Asset Confiscation Bill.