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Disertasi (216) - Perampasan Harta Pihak Ketiga Dalam Tindak Pidana Korupsi

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The title of this dissertation is "Third Party Asset Confiscation in
Corruption". The research aimed was analysing a meaning of asset confiscation
to a third party in corruption as provided for in article 19 in conjunction with
article 18 of Law Number 31 Year 1999 on the Eradication of Corruption, as
amended by Law Number 20 Year 2001. The research is intended to analyze and
find the idea of legal philosophy foundation and develop the concept of proceeds
confiscation of corruption enjoyed by a third party, and find the ratio decidendi
some of the verdicts related to asset confiscation to a third party without prior
seizure, compared with asset confiscation that preceded seizure at the level of
investigation.
The research found three findings. First, the philosophy foundation of asset
confiscation against third parties is in order to maximize the return of state losses
due to corruption. Second, the ratio decidendi verdicts related to assets
confiscation to a third party without prior seizure, such that verdicts were not
contrary to the laws, human rights and justice. The interpretation of the provisions
of article 19 in conjunction with article 18 of Law Number 31 Year 1999 on the
Eradication of Corruptions amended by Law Number 20 Year 2001 provides an
opportunity asset confiscation to a third party as long as the third party not good
manner. Third, to find advice for legal reform of the provisions regarding
onconfiscation to third party in corruption crime in order that is not touch with
the third party’s rights as a subjec of asset confiscation.
Keywords: asset confiscation, the third party, seizure, not good manner.

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Ketersediaan

031327017326

216

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

216

Penerbit

Surabaya : Fakultas Hukum Unair., 2018

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

TINDAK PIDANA KORUPSI

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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