Replacement Money if the Perpetrator of Corruption Dies

Abstract

Recovery of state financial losses suffered due to corruption is facilitated by the provisions of Replacement Money as regulated in Article 18 paragraph (1) letter b of Law Number 31 of 1999 concerning the Eradication of Corruption as amended by Law Number 20 of 2001 concerning amendments to Law No. 31 of 1999 concerning the Eradication of Corruption (hereinafter referred to as the Corruption Law). Defendants who are proven to have committed corruption and proven to have received money from the proceeds of corruption, in addition to being sentenced to imprisonment, can also be sentenced to additional punishment to pay Replacement Money in the amount of the proceeds of the corruption. Then in Articles 33 and 34 of the Corruption Law it is stated that a suspect who dies during an investigation, and a defendant dies during an examination in court, while there has clearly been a loss to state finances, the investigator/public prosecutor must immediately submit a copy of the investigation results/trial minutes to the State Attorney or submit it to the injured agency to file a civil lawsuit against its heirs. However, in the corruption case at the Corruption Court at the Bandung District Court with Case Number No. 11/Pid.Sus-Tpk/2023/PN Bdg in conjunction with the Decision of the Bandung High Court No. 22/Pid.Sus-Tpk/2023/PT Bdg, there was a person who was strongly indicated to be involved in the corruption crime that was charged, and in court it was also proven that he received money from corruption, had died before becoming a suspect/defendant and before an investigation/examination was carried out in court. This raises the issue of how the Status and to whom the Replacement Money is charged, because what is regulated in Articles 33 and 34 of the Corruption Law are perpetrators of corruption who died after becoming suspects/defendants and having been investigated/examined in court.