Barriers to the Implementation of the State Attorney Attorney's Authority in Conducting a Civil Lawsuit in Returning Assets of Corruption

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.