Karya Ilmiah

DISERTASI (122) - Penyitaan dan Perampasan Harta Pelaku Tindak Pidana Korupsi Yang Dinyatakan Pailit

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The title of this dissertation is “Seizure and Confiscation of Property For
Perpetrators of Corruption Which Is Considered As Bankrupt’. The aim of this
research is to analyze and find Philosphy of seizure and confiscation of corruption
perpetrator’s property which is considered as bankruptcy and legal consequence
of seizure and confiscation of corruption perpetrators property which is
considered as bankruptcy toward seizure decision. The advantage of this research
is specially giving benefit and give any input towards eradication of corruption
regarding seizure and confiscation of corruption perpetrators property which is
considered in bankrupt condition, this research is expected to give any suggestion
for legislative body in making any laws and regulation systematically and it is not
contrary each other. This research is legal research. The approach which is used in
this research is statute approach, conceptual approach and case approach.
Philosophical reason of seizure of corruption perpetrator property which is
considered as bankrupt based on 5 things, (1) investigating, prosecuting, and
examination in corruption court should become priority other than the other case,
(2) corruption which is related with state interest, (3) seizure in corruption to
prove that there is additional property and on behalf of seizure, (4) appeal to
stated that the company bankrupt in Bankruptcy Law is very easy, (5) Bankruptcy
is general seizure of whole of debitor’s property. The philosophy of appropriation
of the bankruptcy estate is: (1) a bankruptcy petition in bankruptcy law is very
easy. (2) Bankruptcy is a general confiscation of the entire assets of the debtor. (3)
Seizure of corruption perpetrator property to satisfy justice for people and (4) on
behalf of state interest to return state financial. Legal consequences of seizure in
corruption perpetrators property can be classified as bankrupt towards bankruptcy
decision is poseponement of implementation of bankruptcy decision, It can effect
for the condition of conducting or executing bankrupt decision. Conflict of norm
in seizure provision in corruption law and bankruptcy law cannot be solved
through implementing preference principle and for this era can be the guidance of
supreme court Number 156 K/Pdt.Sus/2015. The solution which I propose in this
research is there should be change in Article 31 of Bankruptcy Law regarding
legal consequence of bankrupt decision of seizure and confiscation of corruption
perpetrator’s property and enactment of law regarding seizure of property should
be fasten to support prevention and eradication of corruption.

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Ketersediaan

031217017338

0122

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

122

Penerbit

Surabaya : Fakultas Hukum Unair., 2015

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

122

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

PIDANA KORUPSI

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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