Research Article
Implementation of the Authority of the State Attorney's Prosecutor to Carry out Civil Lawsuits in the Event of State Losses in Corruption Crime Cases If the Defendant Dies
@INPROCEEDINGS{10.4108/eai.6-5-2023.2333428, author={Hary Palar and Rineke Sara and Riswadi Riswadi}, title={Implementation of the Authority of the State Attorney's Prosecutor to Carry out Civil Lawsuits in the Event of State Losses in Corruption Crime Cases If the Defendant Dies}, proceedings={Proceedings of the 3rd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2023, 6 May 2023, Salatiga, Central Java, Indonesia}, publisher={EAI}, proceedings_a={ICLSSEE}, year={2023}, month={7}, keywords={authority; state attorney attorney; civil action; criminal act; corruption}, doi={10.4108/eai.6-5-2023.2333428} }- Hary Palar
Rineke Sara
Riswadi Riswadi
Year: 2023
Implementation of the Authority of the State Attorney's Prosecutor to Carry out Civil Lawsuits in the Event of State Losses in Corruption Crime Cases If the Defendant Dies
ICLSSEE
EAI
DOI: 10.4108/eai.6-5-2023.2333428
Abstract
The power of the Principal legal officer's Office of the Republic of Indonesia to stop an examination concerning a crook case is conceded by Regulation Number 8 of 1981 (KUHAP) as expressed in Article 109 passage (2) of the Criminal Technique Code. Specifically, for the authority to examine corruption cases, whether with the death of the accused the investigation or examination of the case, must be stopped because Article 77 of the Criminal Code regulates the death of a prosecution caused by the death of the accused. Seeing the flow of the criminal case itself, investigation and prosecution are parts that are not separate from one another, so if the corruption suspect dies during the investigation process, then the continuation of the next criminal process will also be deleted/aborted. This is because even if an investigation is carried out, the prosecution cannot be carried out because of the provisions in Article 77 of the Criminal Code. Referring to Article 33 of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes (hereinafter, referred to as the "Corruption Eradication Law"), if a suspect die during an investigation, whereas there has been a loss of state finances, the specialist will promptly present the record the case coming about because of the examination is to the Express Lawyer's Examiner or to be given over to the office that is hindered to complete a common claim against his beneficiaries.