Efforts of apparatus law enforcement in realizing restorative justice in asset recovery results of corruption

Abstract

One of the objectives of the enactment of Law Number 31 of 1999 concerning Eradication of Corruption in conjunction with Law Number 20 of 2001 is to return state losses. Therefore, criminal law enforcement prioritizes the return of state financial compensation from the perpetrators of criminal acts. This means that the return of state losses becomes the focus in eradicating criminal acts of corruption, with the hope of returning money to the state treasury, which is commonly known as asset recovery. Settlement of state losses in relation to Law of the Republic of Indonesia Number 31 of 1999 as amended by Law of the Republic of Indonesia Number 20 of 2001 has become an element of corruption, ex-Article 2 and Article 3 are strengthened by Article 4 so that it does not provide legal loopholes for settlement through restorative justice. The research method used is juridical normative with a statutory approach and a case approach. Asset return theory is a legal theory that explains the legal system of asset recovery based on the principles of social justice that provides the abilities, duties and responsibilities to state institutions and legal institutions to provide protection and opportunities for individuals in society to achieve prosperity.