Dissertation Lifting the Title of Reformulation of Confiscation of Assets of Suspects of Corruption Crimes as a Solution in Fulfilling the Execution of Substitution Payments

• Posted by: Admin
• Rabu, 23 Maret 2022
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Denpasar – Yogi Yasa Wedha, an educator from Mahasaraswati University, Managing Partner and President Director of PT Empat Warna Komonikasi, continued his doctoral degree (S3) in the Doctoral Study Program in Law, Faculty of Law, Udayana University. Thanks to his perseverance and struggle, the Doctoral degree can be achieved with the implementation of the Doctoral Promotion Open Examination on March 22, 2022 at the Hall of the Faculty of Law, Udayana University, this time the exam was also held with Hybrid Offline and Online media. Adopted a dissertation entitled "Reformulation of the Confiscation of the Assets of Suspects of Corruption Crimes as a Solution in Fulfilling the Execution of Compensation Payments".

The Doctoral Promotion Open Examination which lasted for 3 hours was led directly by the Dean of the Faculty of Law, Udayana University, Dr. Putu Gede Arya Sumertha Yasa, SH., M. Hum, and Prof. Dr. I Ketut Rai Setiabudhi, SH., MS as the Promoter, Dr. Gde Made Swardhana, SH., MH as Copromotor 1, Dr. Putu Gde Arya Sumerta Yasa, SH., M.Hum as Co-promoter II, and tested by 4 other examiners/debaters.

In his dissertation, Yogi Yasa Wedha, revealed that first, confiscation has a strategic role not only to prove the occurrence of a crime, it also has an important role in returning any state financial losses, either through additional criminal confiscation of assets or through additional criminal payments of replacement money. Second, the reformulation of confiscation has urgency, to provide legal certainty guarantees in the fulfillment of replacement money payments, the existence of a vague norm in the phrase "can" in Article 18 paragraph (2) of the PTPK Law resulted in the execution of confiscation for the fulfillment of replacement money payments did not go as desired. even illusoir/ nothing. Therefore, the reformulation of confiscation from the perspective of  ius constituendum  should be carried out immediately as an anticipatory step to save or prevent the transfer/loss of assets belonging to the suspect. Third, confiscation of the property of a suspect in a corruption crime at the investigation stage is carried out for at least two purposes, namely asset recovery and as a guarantee for the fulfillment of replacement money payments. (FH IT Team)

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