Settlement of A Corruption Criminal Offence Based on the State's Financial Loss Value Using An Economic Analysis of the Law

Samsul Huda, Prija Djatmika, Bambang Sugiri, Siti Hamidah


The purpose of this research is analyze and find alternative models of arrangements for the resolution of corruption that are detrimental to the country's finances in the future based on economic analysis of the law. This research uses normative legal research methods with the statute approach, comparative approach, case approach and conceptual approach. The analytic technique of this research is using library research. The results showed that ineffectiveness and efficiency in law enforcement occur against corruption, the value of which is less than the cost of law enforcement. The researcher recommends a resolution model, first adopting a case resolution model which consists of a case resolution model outside the court proceeding with a modified transaction offer resulting from an economic analysis of the application of the law to the suspect, by creating a mechanism in a separate technical regulation and a restorative justice settlement model by modifying the application of the perpetrators' obligations for victims in the form of returning damages worth the amount that was corrupted, plus payment of the minimum fines stated in the law, and the value of indirect losses and the relative risk of law enforcement. Second Adopt a model of criminal implementation through the mechanism of payment of fines that are applied to traffic violations, by establishing a special current account set by the state and a mechanism of criminal social work to pay compensation for state losses. The deterrence and education effects of other communities can be stimulated through the imposition of an obligation to recover damages worth being corrupted; pay the minimum penalty stated in the law; pay for the relative risk of law enforcement; pay an indirect loss in the form of a difference in the difference in the amount of change in value of the corrupted state money calculated according to economic value when the legal process is in progress.

Keywords: Alternative Models, Corruption Crime Settlement, Economic Analysis of the Law.

DOI: 10.7176/JLPG/93-11

Publication date: January 31st 2020

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ISSN (Paper)2224-3240 ISSN (Online)2224-3259

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