Revitalization of Pancasila Values Against the Imposition of Substitution Money as an Additional Criminal in Corruption Crimes

Abstract

—This study aims to examine the values of Pancasila against the imposition of substitute money for the crime of Corruption. The value of Pancasila has its meaning that must be applied both in social, political, legal, and economic life. The law means that every crime committed by a criminal must be given a basic criminal sanction as well as additional criminal sanctions, which as a whole cannot be separated from the application of the values contained in Pancasila. The method used in this research is socio-legal, with a conceptual approach and a philosophical approach. The application of sanctions given to corruption perpetrators is sometimes only limited to imprisonment, not to restore state losses, this is considered unfair in applying the values contained in Pancasila. The revitalization of Pancasila will make efforts to excavate the norms, philosophy of Pancasila to become the spirit and foundation for the formation of moral guidance and become the basis for legal norms in Indonesia. The urgency in the relevance of the value of Pancasila as substitute money for corruption in Indonesia is to restore state losses based on the values of Pancasila. The payment of compensation in practice does not protect the economic rights of the community that has been lost over time until the decision has permanent legal force, the payment of compensation is only based on the amount obtained by the defendant. The problems encountered in recovering state financial losses through the imposition of sanctions for payment of compensation for corruption include; the convict does not pay the replacement money charged to him, and the convict does not have sufficient property to pay the replacement money charged to him.