PLEA BERGAINING IMPLEMENTATION OF ILLICIT ENRICHMENT'S ASSET CONFIRMATION IN THE DOMINUS LITIS PERSPECTIVE

Abstract

Indonesia's Corruption Perception Index (CPI) was recorded at 34 points from a scale of 0-100 in 2022 in 96th position globally out of 180 countries, this is inseparable from the high losses of state finances due to criminal acts of corruption and most of the perpetrators of corruption are public officials and politician. The tendency of public officials to become perpetrators of corruption due to their easy access to state finances, both from the state revenue sector and the state expenditure sector. The act of a public official who deliberately enriches himself so that he has an unreasonable amount of wealth when it is related to his legitimate income is clearly seen in the LHKPN or LHKASN and the lifestyle that the public official exhibits. Arrangements for expropriating assets that are not fair from public officials in Indonesian positive law can be started from Article 37 A and Article 38 B paragraphs (1) and (2) of RI Law No. 31 of 1999 as amended by RI Law No. 20 of 2011 regarding the Eradication of Criminal Acts of Corruption, but the prerequisites of the provisions of this norm must begin with the existence of a predicate crime. Therefore, a breakthrough in the field of law in dealing with corruption and appropriation as the perpetrators of illicit enrichment is urgently needed, new methods or concepts for handling corruption problems should be put forward with more emphasis on efforts to recover state losses. Returning state losses in a maximum, fast, simple and accountable manner and can target perpetrators of acts of corruption related to defendants and or defendants who are being processed can pay attention to the concept of plea negotiations and confiscation of illicit enrichment assets which are commonly used in criminal justice practices in various countries, especially in the United States, Hong Kong, India and Australia which has been adopted in the Law of the Republic of Indonesia Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning the Protection of Witnesses and Victims and the Draft Law concerning Criminal Procedure Code with the name of the concept of pathway special.