PENYELESAIAN PERKARA TINDAK PIDANA KORUPSI YANG HASIL KORUPSINYA MENJADI OBJEK HAK TANGGUNGAN

This study discussed about the case sattlement of corruption criminal
action which the results become the object of mortgage right. In its settlement
came 2 (two) interests, firstly the interest of seizure by the state because it was the
result of corruption and second was the interest of execution by banking
institutions because in principle the guarantee was a debt repayment by the debtor
to the creditor for a sum of borrowed money.
This study was a type of descriptive normative legal research. In its
preparation used two (2) kinds of approaches, namely the statute approach and the
conceptual approach.
In relation of the corruption cases which resulted the object of the
mortgage right, the state had the right to carry out seizure. However the authority
of the court to carry out the seizure of the mortgage right object was only limited
to securing evidence rather than transferring ownership rights. In the interests of
state compensation, the state had the right to obtain other assets belonging to the
corruptor whose value was equivalent to the value of money which had been
corrupted, or be punished by imprisonment whose duration did not exceed the
maximum threat of the criminal matter.
Keywords: Corruption Criminal Action, Mortgage Rights