Accountability of Convicted Criminal Acts of Corruption that Harm the State Economy: Case Study of Corruption Decisions in the Textile Sector

Abstract

In corruption crimes that harm the state economy, there are still several differences of viewpoint between law enforcers regarding criminal liability, especially the imposition of replacement money which only regulates the amount that was corrupted or enjoyed by the perpetrator, does not include the recovery or impact of damage from the corruption crime. This is contained in the Cassation Decision Number 4952 K/Pid.Sus/2021 in the corruption case that resulted in state economic losses. Interpretation of Article 18 of Law 31 of 1999 concerning the Eradication of Criminal Acts of Corruption which has been amended by Law Number 20 of 2001 concerning replacement money which is only limited to money that has been successfully corrupted or the proceeds of the crime hinders the recovery of state economic losses in handling cases of corruption in the textile sector. Therefore, regulations are needed to add to the rules in Law 31 of 1999 concerning the Eradication of Criminal Acts of Corruption which has been amended by Law Number 20 of 2001, especially regarding the mechanism for payment of replacement money due to state economic losses that can be charged or accounted for also against individual or corporate legal subjects.