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Original Research

CONSTRUCTING THE RETURN OF STATE FINANCIAL IN CORRUPTION CASES: AN INTEGRATION CONCEPT OF PROSECUTION INSTITUTIONS

NOVITA ELISABET MORONG 1, EMMA SENEWE 2, WEMPIE KUMENDONG 3, and RALFIE PINASANG 4.

Vol 18, No 09 ( 2023 )   |  DOI: 10.5281/zenodo.8412829   |   Author Affiliation: The Attorney General of the Republic of Indonesia; Faculty of Law, Sam Ratulangi University, North Sulawesi, Indonesia 1; Faculty of Law, Sam Ratulangi University, North Sulawesi, Indonesia 2,3,4.   |   Licensing: CC 4.0   |   Pg no: 1119-1126   |   Published on: 28-09-2023

Abstract

At the practical level, disharmony between investigators and public prosecutors often occurs and cannot be avoided. These differences of opinion sometimes lead to back-and-forth case files and hinder the course of law enforcement. This research is normative legal research using conceptual, philosophical, and comparative approaches. The method of processing legal materials is done deductively. The results show that an ideal sanction against convicted corruption cases in the context of recovering state losses is more related to the principle of restorative justice, namely focusing on efforts to recover losses suffered by the State by prioritizing sanctions for payment of replacement money for the actions of perpetrators whose qualifications are directly detrimental to state finances. The sanction for payment of replacement money is then balanced with imprisonment or fines according to the capabilities of the act committed.


Keywords

Corruption; Fines; Restorative Justice; State Financial Losses