KEPASTIAN HUKUM TERHADAP PENGEMBALIAN ASET HASIL TINDAK PIDANA KORUPSI TERHADAP IZIN PERTAMBANGAN DENGAN MODUS GRATIFIKASI DALAM BENTUK ASURANSI

Abstract

Corruption is an extraordinary crime. Corruption in Indonesia is increasing every year. The increase in corruption cases in Indonesia is increasingly specific, the mode used by each perpetrator is different. Like a disease, the symptoms of corruption in Indonesia start from the elitist stage where mega corruption occurs in the government. This writing focuses on Supreme Court Decision Number 2633 K/PID.SUS/2018, in which Nur Alam as Governor of Southeast Sulawesi for the period 2008-2017 committed a criminal act of corruption by accepting gratuities in the form of insurance for mining licenses.

The method used in this writing is normative juridical with a statutory approach, conceptual approach and case approach. With the aim of measuring the equivalence of the punishment received by the convicted person based on the theory of legal certainty, the principle of legality, and the theory of crime and punishment

From the decision that the author examines, it can be concluded that the return of assets resulting from corruption with the mode of gratification in the form of insurance is the return of goods that have economic value obtained from the proceeds of corruption in the form of several insurance policies. In this case, Nur Alam's insurance account must be frozen. The type of punishment for returning assets resulting from corruption is the main punishment consisting of imprisonment and fines, as well as additional punishment, namely paying restitution or taking assets worth restitution and revoking political rights.