Liability Against Heirs for Compensating State Losses in Criminal and Civil Acts of Corruption in a Developing Nation

Abstract

Corruption crime in developing nations is a serious problem that can result in state financial losses affecting the state's ability to fulfill the rights of the people. Simultaneously, the existence of parties causing state losses due to the death of the defendant who commits corruption crimes is a potential issue in Indonesia. Therefore, criminal law instruments, along with civil law instruments against perpetrators' corruption to compensate the state's financial losses, have been used by law enforcement agencies for corruption. Hence, this study analyzes district court decisions regarding civil lawsuits against the defendant's heirs' corruption to compensate for state financial losses. It also analyzes the responsibility of the heirs of the accused of corruption to compensate for state financial losses based on inheritance law in the civil law system. The research method used in the current study is the normative juridical approach supported by a civil law approach. Based on detailed literature and legal instruments review, the suitability of civil law characteristics has been found to address the issue of corruption. It is also found that solely criminal acts can no longer be applied to recover the state's financial losses after the death of the accused of corruption. On the other hand, unlawful acts were found to be carried out by defendants in civil law and, in fact, caused state financial losses, so lawsuits should be filed in civil law against the heirs of the defendants. Besides, findings also suggest that the potential authority lies to the State Attorney to impose liabilities to the heirs of the defendant who has died to recover the State's losses caused by their unlawful.