Setiawan, Peter Jeremiah (2020) Sistem Pemulihan Kerugian Integratif Bagi Korban Penipuan Skala Masif di Indonesia. Kertha Patrika, 42 (3). pp. 230-257. ISSN 2579-9487
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Abstract
In several cases, fraud as a financial crime has developed into a massive scale crime in Indonesia. This article presents a study regarding the abovementioned massive scale fraud cases that is conducted by normative juridical method with a statutory, case, and conceptual approaches. The study begins by examining primary and secondary legal materials, both Indonesian law and regulations, court decisions, and related legal literature. Analysis and interpretation are carried out aimed at identifying the characteristics of massive scale fraud cases along with the problems faced by the victims, and finally formulate a prescription regarding the loss recovery system for the victims. The results of the study show that massive fraud in Indonesia is characterized primarily by the initial business relationship that was formed previously between the perpetrator and the victim. In this relation, criminals undertake large fund-raising activities from the society using ponzi or money game scheme accompanied by unprofessional and non-transparent corporate financial management. Problems arise in efforts to recover victim's losses, mainly due to the complexity and overlapping of the legal provisions of loss recovery and their legal implications. To solve this problem, a system can be formulated by integrating features in civil and criminal procedural laws, bankruptcy procedures, and restitution system, which can support the fair settlement for victims. This stage consists of the drafting of restitution application involving Witness and Victim Protection Agency, an examination of restitution in court proceedings along with examining the perpetrator's deed and criminal intent, followed by the victim’s restitution crimes as punishment and assets confiscation. Finally, the settlement of the assets of the perpetrators and payment of victim losses.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | Massive Fraud; Victim Loss Recovery;Victim Restitution |
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law > Department of Law |
| Depositing User: | PETER JEREMIAH SETIAWAN |
| Date Deposited: | 04 Jan 2021 01:51 |
| Last Modified: | 24 Mar 2021 16:31 |
| URI: | http://repository.ubaya.ac.id/id/eprint/38691 |
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