• Title of article

    barriers to the implementation of the state attorney attorney s authority in conducting a civil lawsuit in returning assets of corruption

  • Author/Authors

    nofrizal andalas university - faculty of law - law program, indonesia , ismansyah andalas university - faculty of law - law program, indonesia , suharizal andalas university - faculty of law - law program, indonesia

  • From page
    464
  • To page
    478
  • Abstract
    assets or assets resulting from corruption are assets or assets of the state that should be used for indonesia s national development, welfare and prosperity of the indonesian people fairly and evenly in all fields. the welfare and prosperity of the indonesian people is the responsibility and purpose of the country. efforts to recover state financial losses that use civil instruments are fully subject to material and formal civil law discipline, even though they are related to corruption. the criminal process uses a material substantiation system while the civil process adheres to a formal evidentiary system which can be more difficult than material substantiation. in the criminal act of corruption in addition to the public prosecutor, the defendant also has the burden of proof, that is, the defendant is obliged to prove that his assets were obtained not from corruption. the burden of proof on this defendant is known as the reversal principle.
  • Keywords
    barrier , implementation , state attorney , authority , cicil lawsuit , asset , corruption
  • Journal title
    International Journal of Multicultural and Multireligious Understanding
  • Journal title
    International Journal of Multicultural and Multireligious Understanding
  • Record number

    2705294