PERAMPASAN HARTA PIHAK KETIGA DALAM TINDAK PIDANA KORUPSI

SUPARDI, 031327017326 (2018) PERAMPASAN HARTA PIHAK KETIGA DALAM TINDAK PIDANA KORUPSI. Disertasi thesis, Universitas Airlangga.

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Abstract

The title of this dissertation is "Third Party Asset Confiscation in Corruption". The research aimed was analysing a meaning of asset confiscation to a third party in corruption as provided for in article 19 in conjunction with article 18 of Law Number 31 Year 1999 on the Eradication of Corruption, as amended by Law Number 20 Year 2001. The research is intended to analyze and find the idea of legal philosophy foundation and develop the concept of proceeds confiscation of corruption enjoyed by a third party, and find the ratio decidendi some of the verdicts related to asset confiscation to a third party without prior seizure, compared with asset confiscation that preceded seizure at the level of investigation. The research found three findings. First, the philosophy foundation of asset confiscation against third parties is in order to maximize the return of state losses due to corruption. Second, the ratio decidendi verdicts related to assets confiscation to a third party without prior seizure, such that verdicts were not contrary to the laws, human rights and justice. The interpretation of the provisions of article 19 in conjunction with article 18 of Law Number 31 Year 1999 on the Eradication of Corruptions amended by Law Number 20 Year 2001 provides an opportunity asset confiscation to a third party as long as the third party not good manner. Third, to find advice for legal reform of the provisions regarding onconfiscation to third party in corruption crime in order that is not touch with the third party’s rights as a subjec of asset confiscation.

Item Type: Thesis (Disertasi)
Additional Information: KKB KK-2 Dis. H. 18-18 Sup p
Uncontrolled Keywords: asset confiscation, the third party, seizure, not good manner.
Subjects: K Law > KB Religious law in general > KB1-4855 Religious law in general. Comparative religious law. Jurisprudence > KB400-4855 Interdisciplinary discussion of subjects > KB491 Civil law (General)
Divisions: 03. Fakultas Hukum > Doktoral Ilmu Hukum
Creators:
CreatorsNIM
SUPARDI, 031327017326UNSPECIFIED
Contributors:
ContributionNameNIDN / NIDK
Thesis advisorNur Basuki Nur Basuki Minarno, Prof. Dr., S.H.,M.HumUNSPECIFIED
Thesis advisorToetik Rahayuningsih, Dr., S.H.,M.HumUNSPECIFIED
Depositing User: Tatik Poedjijarti
Date Deposited: 04 Oct 2018 08:23
Last Modified: 04 Oct 2018 08:38
URI: http://repository.unair.ac.id/id/eprint/74307
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