Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2021, March 6th 2021, Jakarta, Indonesia

Research Article

Implementation of Criminal in Replacement Fine in Criminal Acts of Corruption

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  • @INPROCEEDINGS{10.4108/eai.6-3-2021.2306453,
        author={Vincentius Erick Mere and Faisal  Santiago},
        title={Implementation of Criminal in Replacement Fine in Criminal Acts of Corruption},
        proceedings={Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, ICLSSEE  2021, March 6th 2021, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={ICLSSEE},
        year={2021},
        month={5},
        keywords={criminal substitution fines; corruption crime},
        doi={10.4108/eai.6-3-2021.2306453}
    }
    
  • Vincentius Erick Mere
    Faisal Santiago
    Year: 2021
    Implementation of Criminal in Replacement Fine in Criminal Acts of Corruption
    ICLSSEE
    EAI
    DOI: 10.4108/eai.6-3-2021.2306453
Vincentius Erick Mere1,*, Faisal Santiago1
  • 1: Student at Doctoral of Law, Universitas Borobudur, Jakarta Indonesia
*Contact email: erickmere19@gmail.com

Abstract

Corruption is an extra ordinary crime that damages the government structure and image of the country in the eyes of the world as well as losses to the state finances or the state economy and hinders national development. The focus of the formulation of the problem of this research: whether the penalty in lieu of fines in the crime of corruption has fulfilled the return of state financial losses and a sense of justice for the sake of law. The results of the research findings in a corruption case decision, judges in imposing fines apply a subsidiary in lieu of fines in the form of imprisonment, as in the Medan District Court Decision Number 68 / Pid.Sus-TPK/2017/PN Mdn, Imposes the convicted person to a fine of IDR 50,000,000 (fifty million rupiah) provided that if the fine is not paid, it must be replaced by imprisonment for 1 (one) month each. It does not rule out the convicts will choose a penalty in lieu of a fine, namely 1 month imprisonment, this is not fulfilling the goal of the state in restoring state finances and justice for the sake of law. It’s necessary to have legal certainty related to penalties in lieu of fines and more precise reformulation by taking the convict's assets from the proceeds of corruption.