PELAKSANAAN PIDANA TAMBAHAN BERUPA PERAMPASAN HARTA BENDA UNTUK PEMENUHAN UANG PENGGANTI DALAM TINDAK PIDANA KORUPSI DI KEJAKSAAN NEGERI SIDOARJO

Abstract

Corruption remains a significant challenge in Indonesia. The Sidoarjo District Attorney’s Office, which operates under the East Java High Prosecutor’s Office, is one of the regions receiving special supervision from the Corruption Eradication Commission. In corruption cases, courts impose both principal and additional penalties to create a deterrent effect. One form of additional punishment is restitution to compensate for state losses. In practice, however, many convicted persons are unable to pay restitution, making the confiscation of assets an alternative means of fulfilling this obligation. This study examines the implementation of asset confiscation as an additional penalty to fulfill compensation payments in corruption cases handled by the Sidoarjo District Attorney’s Office, as well as the obstacles encountered in its application. The research employs an empirical legal method with a sociological approach. Primary data were collected through interviews with public prosecutors and related officials, while secondary data were gathered from statutory regulations and legal literature. The findings show that asset tracing, seizure, and auction mechanisms have been carried out and contribute to the recovery of state financial losses. Nevertheless, further regulatory refinement is required to strengthen legal certainty.

Keywords: Corruption; Implementation of Asset Confiscation; Substitute Money