The enforcement of payment of restitution in criminal proceedings as the base for filing of tort charges

The recovery of losses suffered by the state is an objective of prosecution of corruption cases. Aside from creating a deterrent effect on the offender in particular, it also serves as a legal education for the public in general. Such measure is incorporated in a side ruling to a permanent judgment, which requires the defendant to pay restitution in a criminal case pursuant to Law No. 3 of 1971. The filing of a tort charge by state prosecutors (under Article 1365 of the Indonesian Civil Code) as a legal basis to claim for the recovery of state assets from the offender will be the topic discussed in this article. The conclusion of this research, carried out using a normative method by applying the theories of justice, legal certainty, and benefits, is that the state prosecutor is not required to file a tort charge to recover losses suffered by the state as a consequence of the non-payment of restitution imposed on the offender through a side ruling. The mechanism that needs to be initiated by the state attorney to recover such losses is to file a civil writ of execution.