Pertimbangan Hakim Dalam Menjatuhkan Putusan Perampasan Aset Pelaku Tindak Pidana Korupsi Sebagai Upaya Pemenuhan Perlindungan Hak Anak

Fahmiron, Fahmiron (2016) Pertimbangan Hakim Dalam Menjatuhkan Putusan Perampasan Aset Pelaku Tindak Pidana Korupsi Sebagai Upaya Pemenuhan Perlindungan Hak Anak. Doctoral thesis, Universitas Andalas.

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Abstract

In Indonesia, it is commonly said that the corruption issue has becoming the prime issue during the last decade. In the context of eradicating the corruption crime, assets impoundment is considered as a process in law enforcement made by the state in an effort for returning the state’s lost caused by this corruption crime act and to prefent the subject for using the asset gained from corruption act as a mean or tools in doing another crime, nonetheless it is also expected to implement the wary efect for suspect/accused. But, in deciding an asset impoundment verdict upon the corruption act crime actor, a judge ought to also consider protection for the accused children’s rights, aside of considering other values according to the law and the impact caused from corruption crime act which is known to be impacted to the community as well as notifying the facts during the court. Therefore, the main issue formulation placed in this research are (1) The judge’s position in the process of law enforcement and justice? (2) How fair shall the judge would make in to their consideration the rights of the children in relation to the asset impoundment in a corruption crime case? (3) How should a judge may uphold his conception in the verdict of asset impoundment in relation to the future of protecting the rights of the corruption crime act suspect’s children? Approach methode used in this research is normative jurisdiction methode. Its research type is descriptive. Data source used is secondary data by using the primary law material, secondary and tertiary law material. According to the result of the research, it is concluded that Firstly, that the position of a judge in law enforcement and justice said to have an independent authority as it shall convey in the judges’s authority in examining and deciding the case given. Secondly, in deciding the verdict of assets impoundment to the corruption act accused, that the judge may have not consider the protection for the children’s rights. The judge only can that state in the part of mild consideration that the suspect is attached responsibly to his/her family in form of infant. Third, the judge’s future consideration concept in making asset impoundment decision for a corruption act verdict as an act of the right’s protection for the children of an corruption crime actor, shall be implemented upon the unbalanced asset in effect to the actor’s income or unbalance to the actor’s whealth’s growth, by upholding to the principal that the suspect is unable to prove his wealth or asset’s official acquisition. Nonetheless, in case of discovering suspicious wealth/asset growth, therefore before deciding it as the ceased asset, it is obligated to make a calculation by deminishing the suspect’s total wealth to his official gained and the demanding needs of the suspect’s infant children to support them to their adult. Key word : Judge’s consideration, Asset Impoundment and Protection of the children’s rights.

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