The Legal Certainty Versus National Economic Recovery: Peace Fines by Prosecutors in Corruption Crimes Comparative Law Perspective
Introduction: The application of peace fines in corruption crimes in Indonesia creates a complex legal dilemma. The Prosecutor's Law grants prosecutors the authority to use peace fines in economic crimes, but on the other hand, the Anti-Corruption Law explicitly states that the return of stat...
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Program Doktor Ilmu Hukum Pascasarjana Universitas Pattimura
2025-04-01
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| Series: | Pattimura Legal Journal |
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| Online Access: | https://ojs3.unpatti.ac.id/index.php/pela/article/view/18442 |
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| author | Fradhana Putra Disantara Mac Thi Hoai Thuong |
| author_facet | Fradhana Putra Disantara Mac Thi Hoai Thuong |
| author_sort | Fradhana Putra Disantara |
| collection | DOAJ |
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Introduction: The application of peace fines in corruption crimes in Indonesia creates a complex legal dilemma. The Prosecutor's Law grants prosecutors the authority to use peace fines in economic crimes, but on the other hand, the Anti-Corruption Law explicitly states that the return of state losses does not absolve the criminal liability of corruption perpetrators.
Purposes of the Research: This research aims to analyze the aspect of legal certainty related to the application of peace fines in connection with corruption crimes, linked to national economic recovery efforts, and a comparative legal analysis in other countries regarding peace fines in the enforcement of corruption crimes.
Methods of the Research: This research is a normative legal study with a conceptual, legislative, and comparative legal approach.
Results Main Findings of the Research: The research results show that the application of restorative fines related to corruption crimes in connection with national economic recovery efforts does not yet guarantee legal certainty due to a conflict of rules between Article 35 paragraph 1 letter (k) of the Amendment to the Prosecutor's Law and Article 4 of the Anti-Corruption Law. The issue can be resolved with the principle of lex specialis derogat legi generali. The application of peace fines in England, the United States, and Saudi Arabia above shows that peace fines are of a global nature and constitute a general legal policy in their efforts to save a country's national economy from losses due to corruption. The implementation of peace fines in Indonesia to achieve legal certainty needs to consider several factors, such as clear regulatory revisions to avoid legal uncertainty and conflicts of rules in various laws and regulations.
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| format | Article |
| id | doaj-art-b5a54d324d4b4313a1bfb0da14fc25d2 |
| institution | OA Journals |
| issn | 2830-2435 |
| language | English |
| publishDate | 2025-04-01 |
| publisher | Program Doktor Ilmu Hukum Pascasarjana Universitas Pattimura |
| record_format | Article |
| series | Pattimura Legal Journal |
| spelling | doaj-art-b5a54d324d4b4313a1bfb0da14fc25d22025-08-20T01:52:16ZengProgram Doktor Ilmu Hukum Pascasarjana Universitas PattimuraPattimura Legal Journal2830-24352025-04-014110.47268/pela.v4i1.18442The Legal Certainty Versus National Economic Recovery: Peace Fines by Prosecutors in Corruption Crimes Comparative Law PerspectiveFradhana Putra Disantara0Mac Thi Hoai Thuong1Institut Teknologi Bisnis Yadika, Pasuruan, IndonesiaFaculty of Law, Hanoi Law University, Vietnam Introduction: The application of peace fines in corruption crimes in Indonesia creates a complex legal dilemma. The Prosecutor's Law grants prosecutors the authority to use peace fines in economic crimes, but on the other hand, the Anti-Corruption Law explicitly states that the return of state losses does not absolve the criminal liability of corruption perpetrators. Purposes of the Research: This research aims to analyze the aspect of legal certainty related to the application of peace fines in connection with corruption crimes, linked to national economic recovery efforts, and a comparative legal analysis in other countries regarding peace fines in the enforcement of corruption crimes. Methods of the Research: This research is a normative legal study with a conceptual, legislative, and comparative legal approach. Results Main Findings of the Research: The research results show that the application of restorative fines related to corruption crimes in connection with national economic recovery efforts does not yet guarantee legal certainty due to a conflict of rules between Article 35 paragraph 1 letter (k) of the Amendment to the Prosecutor's Law and Article 4 of the Anti-Corruption Law. The issue can be resolved with the principle of lex specialis derogat legi generali. The application of peace fines in England, the United States, and Saudi Arabia above shows that peace fines are of a global nature and constitute a general legal policy in their efforts to save a country's national economy from losses due to corruption. The implementation of peace fines in Indonesia to achieve legal certainty needs to consider several factors, such as clear regulatory revisions to avoid legal uncertainty and conflicts of rules in various laws and regulations. https://ojs3.unpatti.ac.id/index.php/pela/article/view/18442Peace FineProsecutor's OfficeLegal CertaintyCorruption Crime |
| spellingShingle | Fradhana Putra Disantara Mac Thi Hoai Thuong The Legal Certainty Versus National Economic Recovery: Peace Fines by Prosecutors in Corruption Crimes Comparative Law Perspective Pattimura Legal Journal Peace Fine Prosecutor's Office Legal Certainty Corruption Crime |
| title | The Legal Certainty Versus National Economic Recovery: Peace Fines by Prosecutors in Corruption Crimes Comparative Law Perspective |
| title_full | The Legal Certainty Versus National Economic Recovery: Peace Fines by Prosecutors in Corruption Crimes Comparative Law Perspective |
| title_fullStr | The Legal Certainty Versus National Economic Recovery: Peace Fines by Prosecutors in Corruption Crimes Comparative Law Perspective |
| title_full_unstemmed | The Legal Certainty Versus National Economic Recovery: Peace Fines by Prosecutors in Corruption Crimes Comparative Law Perspective |
| title_short | The Legal Certainty Versus National Economic Recovery: Peace Fines by Prosecutors in Corruption Crimes Comparative Law Perspective |
| title_sort | legal certainty versus national economic recovery peace fines by prosecutors in corruption crimes comparative law perspective |
| topic | Peace Fine Prosecutor's Office Legal Certainty Corruption Crime |
| url | https://ojs3.unpatti.ac.id/index.php/pela/article/view/18442 |
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