INKONSISTENSI HUKUM PENGATURAN PENGEMBALIAN UANG HASIL KORUPSI DARI PERSPEKTIF KEPASTIAN HUKUM

Abstract

From the perspective of legal certainty, inconsistency in the regulation of the return of corruption proceeds can create uncertainty in the implementation of the law and the legal process in general. Inconsistency or inconsistency between these three regulations can create confusion in the legal process related to the return of corruption proceeds. Legal certainty is an important principle in the legal system that demands consistency and clarity in the applicable regulations. Therefore, there needs to be an effort to formulate more consistent and comprehensive regulations regarding the return of corruption proceeds to ensure better legal certainty. The purpose of this study is to analyze the legal inconsistency of the regulation of the return of corruption proceeds from the perspective of legal certainty and to analyze the legal consequences of the inconsistency of the regulation of the return of corruption proceeds from the perspective of legal certainty. The method used is normative legal research. Based on the results of the study, it is known that the Inconsistency of the Law on the Return of Corruption Proceeds from the Perspective of Legal Certainty is that the Indonesian legal system is weak in guaranteeing legal certainty. Multi-interpretable legal provisions, the absence of standard asset return mechanisms, and inconsistent judicial practices create confusion in implementation. This makes it difficult for perpetrators, law enforcement officers, and the public to obtain clarity on the legal consequences of the return of corruption proceeds. Legal certainty that should guarantee justice and protection of the rights of the state and society has become unclear due to differences in interpretation and inconsistency between legal institutions. Legal Consequences of Inconsistency in the Law on the Refund of Corruption Proceeds From the Perspective of Legal Certainty that it causes various serious legal consequences, both normatively and practically. From the perspective of legal certainty, this creates ambiguity in the implementation of norms, thus confusing law enforcement officers and creating injustice. From the perspective of legal certainty, this irregularity raises doubts about the credibility of the legal system itself. Perpetrators of corruption crimes can take advantage of legal loopholes to avoid returning state losses, which ultimately harms society and violates the principle of justice. This also has the potential to reduce the deterrent effect of criminal law on corruption because sanctions are not implemented firmly and consistently. The suggestion is that it is necessary to harmonize laws and regulations, especially the revision of the Corruption Law and the Criminal Procedure Code in order to have clear and operational rules regarding the return of corruption proceeds.