RESTORATIVE JUSTICE IS THE ULTIMUM REMEDIUM FOR CORRUPTION CRIMES TO RECOVER STATE FINANCIAL LOSSES
The restorative justice approach is a relatively new policy and is still sectoral. However, this policy has set in several legal regulations starting from the Decree of the Director General of the General Courts Agency Number: 1698/DJU/ SK/PS.00/12/2020 concerning Guidelines for the Implementation of Restorative Justice in the General Courts, Regulation of the Attorney General of the Republic of Indonesia Number 15 of 2020 concerning Prosecution Based on Restorative Justice, Regulation of the Chief of the Indonesian National Police Number 8 of 2021 concerning Handling Crimes Based on Restorative Justice. The current handling of corruption crimes prioritizes retributive Justice by applying retributive Justice to perpetrators of corruption crimes in some instances, such as minor corruption crimes, which will further harm the state because the state finances that have corruption cannot be full recovered. The judicial process takes too long, and the state must spend more money to finance convicted corruption cases in correctional institutions. It certainly adds to the burden on the form. This research uses normative legal analysis, which answers all questions and problem formulations by helping to help explain the discussion of research results briefly. This research demonstrates that Indonesian legislation has not regulated the restorative justice approach to corruption crimes. Determining the characteristics of corruption crimes that can be restorative Justice will provide legal certainty. Restorative Justice in corruption crimes is the return of all proceeds and all forms of profit if the perpetrators of corruption crimes obtain benefits. Returns can be made ahead of the investigation, in the inquiry, and during the study until the examination stage in court. The application of restorative Justice in corruption crimes positively impacts the state. The state would not need to spend the state budget to process and maintain the perpetrators of corruption crimes detained or convicted by feeding and drinking the perpetrators of corruption crimes.
Corruption, Restorative Justice, Ultimum Remedium State Losses