PELAKSANAAN PUTUSAN PENGADILAN BERUPA PIDANA TAMBAHAN PENGEMBALIAN ASET NEGARA OLEH KEJAKSAAN NEGERI PADANG

Abstract

Additional penalty contained in Article 18 of Law No. 20 of 2001 on Corruption Eradication hereinafter called Law of Corruption. Implementation or execution in the form of additional state asset returns often encountered obstacles. Formulation of the problem: 1) How can the implementation of additional criminal asset recovery country by the State Attorney Padang?; 2) How do the constraints faced by the Attorney executor in asset recovery country to corruption?. This writing method Juridical sociological approach. Sources of data in the form of primary data and secondary data. The data collection technique was interview and document study. Data were analyzed qualitatively. Conclusion The results of the study 1) The return of state assets carried out by the evidence to be moved and created new accounts in different banks that are known by the head of the State Attorney Padang, then deposited by the bank to the country's Ministry of Finance remitted back to the state treasury. 2) Constraints faced by executing prosecutors namely; The difficulty of getting the assets of the results of the Corruption; Parties of the families were hiding description of the wealth guilty of corruption; Prosecutor seeks to conduct monitoring to address or that the families were asking for help locating an address regional authorities concerned; Make the effort a civil lawsuit, the State Administration (TUN) on the wealth of state assets owned by the convict; Witness difficult to testify.

Keywords: Additional Penalty, State Assets, Corruption, Execution