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International Journal of Research and Innovation in Social Science (IJRISS) |Volume VI, Issue X, October 2022|ISSN 2454-6186

Restorative Justice in Return of State Loss from Corruption

 Alianto*, Fauzie Yusuf Hasibuan
Department Doctor of Law Program, Universitas Jayabaya, Indonesia
*Corresponding Author

IJRISS Call for paper

Abstract: Returning state financial losses as the basic and main goal of eradicating corruption in Indonesia, which is currently still overshadowed by the paradigm of retributive justice or retaliation. The researcher considers that it is necessary to make a change or revision in the court system in Indonesia, especially in terms of applying penalties for perpetrators of criminal acts of corruption who have made payments for state financial losses as a whole by taking into account the principle of restorative justice. To analyze these problems, a normative juridical research method is used. The results of this study are the construction of restorative justice in corruption, especially the return of state losses, emphasizes that the position of the case must be changed, no longer for the sake of certainty for punishment, but for the sake of the victim’s interests and material recovery, the point is how to prevent the perpetrators from imprisonment but remain responsible. answer.

Keywords: Restorative Justice, Corruption, State Loss


Corruption, as a financial crime, should not be independently treated from financial interest. Returning the money embezzled to resolve the case can be seen as a strategic move compared to repressive action, such as imprisonment. [1] However, Indonesia’s Law of Anti-Corruption currently specifies no forgiveness for corruptors’ punishments even if they have returned the state’s loss. It is stated in Paragraph 4, Law Number 31, 1999, which has been amended with Law Number 20, 2001, concerning Anti-Corruption. Against that background, legal reformation based on restorative justice in corruption cases should be considered seriously.c


A primary task of a constitutional state is to protect and ensure the economic standing of the ruling class. Some people call it night watch [2]. In a narrow and formal sense (classic), a constitutional state focuses on preventing disturbance toward peace and public interest, as determined by the law [3]. In a material sense (modern), a constitutional state is similar to a welfare state (wolvaar staat), (wehlfarstaat), which figures in protecting security in a broad sense [4]. Four legal components, namely rules, principles, processes, and institutions, work together integrally to realize orders and legal guidance in the form of law or statute. These four legal components are complemented with an unwritten law, especially in the jurisprudence mechanism [5]. Various definitions of justice show that attempts to realize justice is