PENGARUH PENGEMBALIAN KERUGIAN NEGARA DALAM PROSES PENYELESAIAN TINDAK PIDANA KORUPSI

The return financial loss of national or national economy doesn’t eliminate the criminal punished. Refered in articles 2 and 3. As a result of the provisions formulation in articles 2 and 3 as formal legal offense, as it is formed in that article 4 doesn’t needed because the important / essential part as a formal legal offense is the criminal has fulfill the whole stipulation elements regarding the criminal act as said in articles 2 and 3. As a written in the general explanation of the law No.3 1999 where it is important / essential to proof with the formal summary of this law, although the results have been although the result have been returned to the country, the corruption criminal still submitted to the court and be punished. As to the existence of state financial loss or loss of economy of the state, whether or not they have returned is not an issue. In the practice of law enforcement, the return loss of the state that occurs in the stage of investigation, prosecution, or examination in the trial court can only affect the determination of custody for the suspect or the accused