Proceedings of The International Conference on Environmental and Technology of Law, Business and Education on Post Covid 19, ICETLAWBE 2020, 26 September 2020, Bandar Lampung, Indonesia

Research Article

The Role of State Attorney in Returning The State Loss Against The Heritage of Criminal Actors of Corruption Through Indonesian Civil Law (Judgment Study Number 4/Pdt.G/2017/Pn Kbu)

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  • @INPROCEEDINGS{10.4108/eai.26-9-2020.2302616,
        author={Yulia Kusuma Wardani and Torkis Lumban Tobing and Nanda Kurnia Pradana},
        title={The Role of State Attorney in Returning The State Loss Against The Heritage of Criminal Actors of Corruption Through Indonesian Civil Law (Judgment Study Number  4/Pdt.G/2017/Pn Kbu)},
        proceedings={Proceedings of The International Conference on Environmental and Technology of Law, Business and Education on Post Covid 19, ICETLAWBE 2020, 26 September 2020, Bandar Lampung, Indonesia},
        publisher={EAI},
        proceedings_a={ICETLAWBE},
        year={2020},
        month={12},
        keywords={state attorney lawsuit inheritance corruption},
        doi={10.4108/eai.26-9-2020.2302616}
    }
    
  • Yulia Kusuma Wardani
    Torkis Lumban Tobing
    Nanda Kurnia Pradana
    Year: 2020
    The Role of State Attorney in Returning The State Loss Against The Heritage of Criminal Actors of Corruption Through Indonesian Civil Law (Judgment Study Number 4/Pdt.G/2017/Pn Kbu)
    ICETLAWBE
    EAI
    DOI: 10.4108/eai.26-9-2020.2302616
Yulia Kusuma Wardani1,*, Torkis Lumban Tobing1, Nanda Kurnia Pradana1
  • 1: Universitas Lampung, Indonesia
*Contact email: yulia.kusumawardani@fh.unila.ac.id

Abstract

Corruption is an act that is detrimental to state finances and at the same time damages the morale of the nation. In Indonesia, the public prosecutor's demands for the return of state finances have not been stopped even though the corruption suspect has died. The legal process continues with the filing of a civil suit by the District Attorney against the suspect's heir. The study in this article focuses on the powers and roles of the Attorney General's Office and Public Prosecution Service in Indonesia by analyzing District Court Decisions. This research uses a qualitative approach with the type of normative-empirical research, especially the applied normative approach. The results of research and discussion show that the Attorney General's authority to sue the heirs of corruption perpetrators is regulated in Article 30 of the Constitution on Attorney General Jo's Office. Article 32, and Article 33 of the PTPK Law. In the realm of private law, prosecutors act as state lawyers who represent the state outside and inside the court, both as plaintiffs and defendants. As a plaintiff, the Attorney General of the North Lampung District Attorney has succeeded in proving the illegal act committed by the late Amiruddin Is, S.E., so that the state losses could be returned. The implementation of civil decision Number: 4 / Pdt.G / 2017 / PNKbu was not carried out by the District Attorney but by the court through bailiffs.