The Concept of Deprivation by the State of Evidence of Objects of Collateral in Corruption Crimes

Abstract

This journal discusses the Concept of Deprivation by the State of Evidence of Collateral Objects in Corruption Crimes in Indonesia. Because this Corruption Case is an extra ordinary crime, where this crime has a great impact on development both to the community and the state. The nature of corruption is detrimental to the country's finances. Those who have the authority to deal with corruption problems are the Police, the Prosecutor's Office and the Corruption Eradication Commission (KPK). However, there is a fact that has been sentenced to criminal punishment by the court on the prosecutor's demands that caused state losses (corruption cases), where the assets of the convict were used as evidence so that they were confiscated by the prosecutor's office to be seized for the State. At this time, the assets that have been seized are not known where the forest is, especially movable objects in this case cars with Pol BK 22 JJ and cash at the North Sumatra bank. The prosecutor's reasons have been auctioned off, but the process of auctioning the movable objects is not carried out publicly to either the convict, his family or his legal counsel. Therefore, the storage of confiscated objects / spoils is given the right of management to the State Confiscated Objects Storage House (RUPBASAN) so that the storage of state confiscated goods becomes one door and can be legally accounted for in order to avoid dualism of authority and also the public can obtain information so that the principle of openness to public information can be fulfilled as applicable regulations in Indonesia. The Research Method is to use the Normative Research Method where the Jenis of this research is sourcedfrom study toliterature. Much of the direction of this study relates to regulations written as primary data. And Sumber secondary data is studied from aspects of theory, philosophy, comparison, explanation / Overview and so on.Basically, any seizure of corrupt assets can be mapped in advance so that there is no mistake in confiscating, whether the assets are directly related to corruption crimes or not, because all actions that cause losses to others will have a legal impact and damage the image of law enforcement itself, moreover, the seized objects still have an attachment to the Credit Agreement with Third Parties in this case Bank BNI Balige Branch and Leasing Company PT U Finance Indonesia Medan branch. Likewise with the storage of confiscated goods to be given one-stop authority to the State Confiscated Objects Storage House (RUPBASAN). in principle, the assets that are still under collateral are joint property between convicted corruption as consumers and banks and leasing so that they cannot be confiscated because they are still related to third parties who have the potential to be harmed. Even if it is confiscated, it can be secured through State Supervision by depositing the confiscated goods to the RUPBASAN. In order to be more effective and not to confuse the public, the seized evidence should be placed in a one-stop unit at RUPBASAN as a place to treat confiscated goods and also as the state's responsibility for public information disclosure so that control of evidence by suspects/defendants and convicts gets a positive value guaranteed by the Law.