Legal implications the arrangement of the trial in absentia based on article 38 of the ptpk law for handling corruption in indonesia

Author: 
Muhammad Khalid Ali, Prija Djatmika, Ismail Navianto and Abdul Madjid

The arrangement of the trial in absentia is the Corruption Crime Act (PTPK Law) with the concept of examination in court cases of corruption without the presence of the accused. The press point in absentia is saving state wealth, so it needs to be balanced with a comprehensive and integrated asset grab mechanism with other arrangements both domestically and internationally. However, in reality it was used as an opportunity for perpetrators of corruption to not return the corrupted state money. The regulation in absentia in the PTPK Law is un consistent because there are differences in court settings in absentia for the defendant who was not present because of intentions and the defendant who was not present because he died. This study aims to find out what are the legal implications of the arrangement of trials in absentia based on Article 38 of the Law on the Eradication of Corruption Crimes against handling cases of corruption in Indonesia. This study is a normative legal research, using a legal approach, conceptual approach, case approach and comparative approach. Legal material collection techniques through library research techniques (library research). Legal material analysis techniques use qualitative descriptive analysis techniques with grammatical interpretation, systematic interpretation and futuristic interpretation. The results showed that the legal implications of the trial in absentia in handling corruption were still giving the defendant the opportunity to escape freely, so that the return of state assets caused by corruption was not optimal.

Paper No: 
2655