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VOL. 12, ISSUE 1 (2026)
Implementation of restitution of state losses from corruption crimes (Study at the Malang Regency District Attorney's Office)
Authors
Nila Tri Hartiningrum, Setiyono, Leni Dwi Nurmala
Abstract
Asset recovery plays a crucial role in
handling corruption cases. Asset recovery is a state-mandated process that
confiscates the proceeds of corruption that have harmed the state to recover
the incurred losses. This study examines the implementation of recovering state
losses from corruption cases at the Malang Regency District Attorney's Office,
as well as the obstacles encountered during this process. The research method
used is empirical juridical. The results indicate that the recovery of state
losses at the Malang Regency District Attorney's Office still utilizes penal
law. The recovery of state losses by the Malang Regency District Attorney's
Office extends beyond corruption cases. Consequently, the recovery of state
losses at the Malang Regency District Attorney's Office has not been optimally
successful due to several obstacles encountered. Obstacles encountered
include a shortage of investigative prosecutors in the Special Crimes Division,
inadequate transportation, and uncooperative witnesses or suspects (e.g., those
who flee or provide false statements during witness interviews). Suggestions
for the Malang Regency District Attorney's Office include occasionally using
civil lawsuits if they are more effective in recovering state losses, and
de-burdening prosecutors in the Special Crimes Division with general criminal
cases, allowing them to focus more on resolving specific criminal cases.
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Pages:50-57
How to cite this article:
Nila Tri Hartiningrum, Setiyono, Leni Dwi Nurmala "Implementation of restitution of state losses from corruption crimes (Study at the Malang Regency District Attorney's Office)". International Journal of Humanities and Social Science Research, Vol 12, Issue 1, 2026, Pages 50-57
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