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.
|Title of host publication||Law and Justice in a Globalized World|
|Number of pages||7|
|Publication status||Published - 22 Nov 2017|
- Behavioral Sciences
- Politics & International Relations