KAJIAN YURIDIS PIDANA UANG PENGGANTI SEBAGAI PIDANA TAMBAHAN DALAM TINDAK PIDANA KORUPSI

Abstract

Corruption in Indonesia has become entrenched and has become a system that is integrated with the administration of state government. Corruption has affected all governance and social life; corruption has also caused the destruction of the character of the Indonesian nation and is the cause of poverty in Indonesian society. The purpose of this study was to determine the legality of replacement money as an additional crime in corruption and to find out the implementation of payment of replacement money as an additional crime in corruption. This type of research is normative legal research because it uses secondary data or examines library materials. The approach used in this study is the statute approach and the legal principal approach.

The results of the research study, namely: 1) The legality of substitute money as an additional punishment in corruption is regulated in Article 18 of Law Number 31 of 1999 concerning Eradication of Corruption Crimes, as amended by Law Number 20 of 2001 concerning Amendments to Laws Law Number 31 of 1999 concerning the Eradication of Corruption Crimes. And the replacement money that must be paid by the Defendant is the same as the assets enjoyed by the Defendant from the criminal act of corruption. And if the Defendant cannot pay the replacement money, then he will be punished with imprisonment. 2) Payment of replacement money in corruption cases is carried out after the court decision has permanent legal force (inkracht), and the convict is given a grace period of 1 (one) month to pay off the replacement money. If the convict does not pay compensation money, he will be punished with imprisonment