Fahrudin, Fahrudin (2023) Formulasi Hukum Asset Recovery Pengembalian Kerugian Negara Dari Aset Hasil Korupsi Yang Dikuasai Oleh Ahli Waris Di Kabupaten Rembang Provinsi Jawa Tengah. Disertasi thesis, Universitas Muhammadiyah Surakarta.
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Abstract
Settlement of state/regional compensation for non-treasury civil servants is a mandate of Law Number 1 of 2004 concerning the State Treasury. The statutory regulations relating to treasury claims and claims for compensation (TP-TGR) are not codified in a statutory regulation. The research method used is empirical legal research with a statutory, conceptual and comparative approach. Primary data collection techniques were conducted through interviews, observations and field notes, while secondary and tertiary data collection techniques used library research. Data analysis used qualitative descriptive analysis techniques and juridical analysis. This data analysis was carried out during the research process. The results of the study indicate that (1) The effectiveness of returning state losses from assets resulting from corruption crimes controlled by heirs in Rembang Regency, Central Java Province is not effective. This is shown from the average percentage of state/regional losses returned by heirs in Rembang Regency, which is only 11.85%; and (2) The legal formulation of asset recovery for recovering state losses from assets resulting from corruption controlled by heirs in Rembang Regency, Central Java Province is intended to improve the inhibiting factors, namely legal factors and law enforcement factors. The result of this legal formulation is in the form of a new law which is a combination of laws and regulations on corruption eradication both from criminal law (KUHP, KUHAP, Corruption Law); from administrative law (State Treasury Law, BPK Law, Law No. 15 of 2004, and PP No. 38 of 2016) and its implementing regulations and arrangements for civil lawsuits against heirs of corruption perpetrators who died by the State Attorney Attorney (JPN). The combination of these laws and regulations into 1 (one) law can be carried out with an approach such as the Omnibus Law. This combination of laws also regulates the granting of power or authority to law enforcers in administrative law who hold TP-TGR hearings to force the perpetrators or their heirs to return state/regional losses immediately.
| Item Type: | Thesis (Disertasi) |
|---|---|
| Uncontrolled Keywords: | Assets Recovery, Compensation, Civil Servants, Heirs |
| Subjects: | K Law > KI Hukum Indonesia > KP Hukum Perdata |
| Divisions: | Fakultas Pasca Sarjana > Program Doktor (S3) Ilmu Hukum |
| Depositing User: | Ari Fatmawati |
| Date Deposited: | 13 Jun 2023 06:49 |
| Last Modified: | 13 Jun 2023 06:49 |
| URI: | http://eprints.ums.ac.id/id/eprint/113339 |
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