to find decent housing, the need for access to equal fair treatment (Equality before the law) will be

difficult to obtain. State financial corruption is not directly taken from the finances of the

community, but directly affects the joints of people's daily lives (Asmorojati, 2017). People

affected by corruption crimescan get good access, services, and facilities from these corrupt

institutions (Kumombong, 2022).

Legal science as one of the oldest sciences has developed, especially in the field of criminal

law. One of them, in the perspective of criminology, developed into a study of the victim paradigm

known as victimology. The victim paradigm as a study of science (daaddader-slachtoffer) is an

interesting concern for research. Victimology has changed the focus of old criminology studies

from the causal factors of crime in criminals to the focus new criminology studies (Victimology)

community not only focusing on the perpetrator of the crime but providing legal protection to the

victim including the victim's right to be able to rehabilitate, compensate, resitution and other

compensation for the recovery of the victim (Flora, 2018; Yulia, 2016).

One of the fundamental goals of the law is to achieve justice. Justice must be interpreted

from two aspects, namely the aspect of justice for the victim and the aspect of justice for the

perpetrator. Perpetrators of criminal acts need justice both in terms of accountability for their

actions and protection of their human rights, as well as victims. In the context of corruption crimes,

criminal prosecution by considering the guilt of the perpetrator must get proper justice, but more

importantly, how the application of criminal sanctions can also recover the loss of the state, and in

this case what should not escape justice is justice for the people affected by the corruption crime.

of the corruption crime, if the victim who is directly affected by the corruption crime is

notgivencompensation, restitution, or compensation, the court's decision is unfair. Although there

is replacement money that goes to the state treasury, the losses suffered by the directly affected

communities cannot be recovered.

All cases of corruption committed by state officials,it is the people who are the victims

(Political victimology). Therefore, at least in the case of state financial corruption crimes, the

authorities should be able to pay attention to and rehabilitate the recovery of the economic sector

centered on the people who are directly affected (Victims) as a result of corruption crimes. Victims

are those who suffer physically and spiritually as a result of the actions of others seeking the

fulfillment of self-interest or others contrary to the interests and human rights of the sufferer

concerning the Ratification of the United Nations Convention Against Corruption in 2003 is an

Indonesian participation in declaringthe United Nations Convention Against Corruption. Indonesia

has ratified the convention, so the country has committed to supporting efforts to eradicate, prevent

and eliminate corrupt practices. Corruption brings serious disasters not only for the economic life

of a country but also for life in the nation and state if it is not eliminated (Linggaraja, 2021).

This paper seeks to examine the community as victims of the criminal act of state financial

corruption, and how to recover the loss of state finances resulting from corruption in the

perspective of victimology. Restitution in viktiology studies is defined as providing compensation

paid by the perpetrator of a criminal act to the victim. The perspective here is interpreted as a way

of looking at or it can also be said that victimology is the knife of analysis. Victimology is used

Based on the mentioned explanation, researchers analyzed the legal position of the

community as victims in corruption crimes of state financial losses according to positive law in

Indonesia and the role of the State to provide access to the return of state losses to the community

as victims of corruption crimes. It is also based on the fact that only few researchers discuss

corruption’s relationship with victimology such as Alam (2022) who stated that corruption can

ruin a country and Rachman (2021) who analyzed corruption through juridical and victimological

views. Hence, the researcher would like delve further into what victimology is actually like in the

etc. In this case, normative legal research examined positive legal norms in the form of laws and

regulations related to the amount of state losses with the severity of the crime in corruption crimes.

The massive, systematic development of corruption crimes and the complexity of corruption

crimes, the violations of the economic rights of citizens and their social rights are increasingly

difficult to be restrained from the shackles of corruption. Therefore, the crime of corruption is no

longer qualified as an ordinary crime, but rather an extraordinary crime. The eradication process

can no longer be carried out normally, but with extraordinary efforts and processes and

commitments from all components of the nation to work hand in hand to eradicate corruption.

concerning the Eradication of Corruption Crimes and Law Number 20 of 2001 is to be able to

recover state losses. Therefore, its criminal law enforcement prioritizes the return of state financial

compensation from perpetrators of corruption crimes (Adji, 2009; Yanuar, 2007).

The return of state losses is essential because it can cover the state budget deficit in financing

various aspects of needs based on Law No. 11 of 2009 concerning People's Welfare. The asset

return mechanism is also seen as important because inpractice, there are various kinds of obstacles

so that the return of assets to cover state losses is not as easy as expected. This is what is then

solved by regulating the problem of returning assets.

The definition of juridical state financial losses can be seen from laws, such as Law No. 31

of 1999 as amended by Law No. 20 of 2001 concerning the Eradication of Corruption Crimes. In

his explanation, formulating State finances is the entire wealth of the state in any form, which is

separated, including all parts of state wealth and all rights of obligations arising from being in the

control, management and accountability of officials of state institutions, both at the central and

regional levels. Then it is also in the control, management and responsibility of SOEs/BUMDes,

foundations, legal entities, and companies that include state capital, or companies that include

third-party capital based on agreements with the state.

The state, in depriving the state of financial losses due to corruption crimes, must pay

attention to local communities who are directly affected by the return of state finances as a result

Studies on the loss and/or suffering of victims have an important meaning (Including analysis

of victims of corruption crimes) because they can be used in limiting a funfsmental in order to

reduce the suffering of victims. put forward Shapland who wrote as follows. The reaction of

victims to criminal justice system and to society's attempt to assist them cannot be understood

without, first considering the effects of crime on the victim (Shapland, 1986).

Every crime or criminal act always causes victims and the consequences caused vary

according to the type or form of the crime. Victim can be defined as an individual or jointly

suffering losses, including physical or mental injuries, emotional suffering, economic loss or

damage to basic rights, caused by the actions of others who violate the criminal law in a country

either intentionally or through negligence (Trisna & Mubarak, 2018). However, there are at least

outside the criminal law (Non penal) or can also include victims of abuse of power (Victim abuse

of power). Victim abuse of power is commonly mentioned with the terminology of political

victimology. At the 1985 VII UN Congress on "The Prevention of Crime and the Treatment of

Offenders" in Milan, Italy which declared the rights of victims tobe an integrated part of the

criminal justice system. The shift in perspective in criminal law starts from the formulation of the

concept of who is the victim of crime in criminal law (Zulfa, 2017). Directly affected communities

are victims of corruption crimes. Basically, the reaction to the perpetrator of a criminal act is the

right of the victims u ntuk to get a return for the crime (Ariyanti, 2019). Victims who feelthat their

rights are denied/ eliminated for a hundred an have the right to retaliate directly against those who

commit violations of themselves (Kaimuddin, 2015).

According to Indonesian law, it is the State that monopolizes the right to prosecute the

perpetrator (Dominus litis) as well as representing the victim to prosecute the perpetrator. By

reviewingan victimology, law enforcement officials in this case investigators and prosecutors are

positioned as parties representing victims of crime. Such law enforcement officers cannot be

viewed as state agencies like other state agencies that are separate from criminal acts committed

by perpetrators. Investigators and Public Prosecutors must pay attention when dealing with

suspects/defendants of criminal crimes must be mutually friendly between (Representatives) of

victims vis a vis perpetrators.

suffering (Road damage causes inconvenience to road users and becomes a conducive factor for

the occurrence of traffic accidents, can endanger facility users such as bridge collapses, etc.).

Abuse of authority in terms of licensing or vehicle feasibility checks can result in accidents and

cause losses and/or suffering to its victims.

Given that one of the elements of Corruption in Article 2 and Article 3 of Law No. 31 of

1999 jo Law No. 20 of 2001 concerning the Eradication of Corruption Crimes (Corruption Law)

is the existence of an element of state financial losses, this element gives the consequence that the

eradication of Corruption does not only aim to deter corruptors through severe imprisonment, it

also recovers state finances due to corruption as affirmed in the consideration and general

explanation of the Typographical Law. Failure to return assets resulting from corruption can

a tool or means of other criminal acts and provide a deterrent effect for perpetrators/potential

perpetrators (Dalimunthe, 2020).

The Typographical Act provides for mechanisms or procedures that can be applied in the

form of return of assets through criminal channels, and return of assets through civil channels. In

addition to the Corruption Law, Law Number 7 of 2006 concerning ratification of the 2003 Anti-

Corruption Convention (UNCAC) which also stipulates that the return of assets can be made

through criminal channels (Asset recovery indirectly through criminal recovery) and civil channels

(asset recovery directly through civil recovery). Technically, UNCAC regulates the return of assets

of perpetrators of corruption crimes through direct returns from court proceedings based on the

"Negotiation plea" or "Plea bargaining system" and through indirect returns, namely by the

foreclosure process based on a court decision.

In corruption, of course, there are many modes carried out by corruptors, both by marking

up the budget, manipulating data, not depositing state rights into the state treasury, and others. The

perpetrators in a variety of ways are lookingfor strategies to benefit unlawfully whether committed

personally or collectively, individually or institutionally.

Corruption crimes can occur both in the activities of the service development sector,

construction, both government agencies and SOEs/D at the central and regional levels. Actually,

these business activities are intended to promote national/regional development programs.

who received the aid.

In positive law in Indonesia, people's participation as victims in corruption crimes is still not

regulated in criminal law. In fact, corruption has harmed other parties, especially the public. So it

is necessary to regulate the provision of compensation and restitution to victims of corruption

crimes. So that the law can provide access to justice for people who are due to corruption crimes.

The purpose of modern criminality is to restore the situation to its original state, not only to the

perpetrator in imposing criminal charges but also to provide access to justice to the victim to restore

the situation to its original state/compensation. In the case of corruption crimes should be the

victims of direct state losses that must be returned to the rightful.

The judgment of the Corruption court on state losses has not reached the victim in the truest

who are directly affected. If the state's financial losses are returned to the state then it is unfair

because the state is not a party directly affected by the crime of corruption. Therefore, the Judges

in passing the judgment of the corruption court for financial losses of the state must have the

courage to take a fair verdict, that is, to return the loss to the rightful person instead of being

returned to the state. Asset recovery also includes all preventive measures to keep the value of the

asset from decreasing (Widyopramono, 2014).

According to Atmasasmita (2014), an important study of asset seizure is that property

resulting from a criminal act is recognized as a subject of criminal law that is "criminally liable",

not solely as the result of a criminal act or the object (Confiscation) of deprivation of a criminal

act.

The concrete form of legal protection for victims in corruption crimes is restitution and

compensation. Restitution is a form of material legal protection oriented towards victim recovery,

where the perpetrator through his criminal liability compensates the victim, while compensation

is compensation provided by the state because the perpetrator is unable to provide full

compensation for which he is responsible. Compensation for losses due to corruption crimes is

regulated in Article 35 of UNCAC which means that the State must give authority to the

judiciary/court to punish perpetrators of corruption crimes to pay compensation or compensation

to other parties who have been harmed by the crime in this case the directly affected community.

of Colombia, Israel and Trinidad and Tobago, have regulated through their country's laws and

regulations regarding the access of persons or legal entities for those who feel they have been

harmed by corruption to be able to file claims for harm to perpetrators. Based on Article 35 of

UNCAC, two types of roles can be mapped, namely the role of the state and also the role of

perpetrators of corruption crimes. The role of the state is to perform an act of role as per the

principles of national law to restore personal rights as victims of losses due to corruption.

According to Barda Nawawi Arief, the opinion of Eddy O.S Hiariej, that the practice of

prosecution in courts of damages, for example in the Netherlands and Belgium, exists as

instrumentum sceleris or deprivation in the sense of confiscation. Deprivation of property used to

commit a crime may be subject to objectum sceleris or deprivation in the sense that confiscation

through Law Number 7 of 2006 on Ratification of the United Nations Convention on Anti-

Corruption, 2003). For the Indonesian state, the convention is Indonesia's national commitment to

the enforcement of huki in the eyes of the international world in terms of preventing and

eradicating corruption.

In the mandate of UNCAC that has been ratified by Indonesia, a foundation of norms in the

legislation is needed in the form of compensation and restitution due to corruption crimes.

UNCAC's arrangements in terms of restitution have been stated in several articles, including the

regulation for compensation for losses due to corruption crimes regulated in Article 35 of UNCAC,

which reads: "Each state party shall take such measures as may be necessary to permit its courts

compensation or damages to another State Party that has been harmed by such offences." From

these provisions, the State shall take such action as it deems necessary to give authority to the

courts to order persons who commit the crime of corruption to pay compensation, restitution or

indemnity to those who have been harmed by the crime. rules in the form of "consequences due to

acts of corruption", provision of "compensation for losses due to corruption crimes"and the

provision of "restitution of losses due to corruption crimes" is a new norm that has not been

accommodated in Law No. 31 of 1999 concerning the Eradication of Corruption Crimes. Law No.

20 of 2001 on Amendments to Law No. 31 of 1999 concerning the Eradication of Corruption

The legal position of the community as a victim in the criminal act of corruption of state

financial losses according to criminal law in Indonesia has not been regulated as a victim who can

have access to request compensation, restitution or compensation.

The state to provide access to the return of state losses to the public as victims of corruption

crimes Indonesia has ratified the United Nations Convention Against Corruption/UNCAC

convention through Law Number 7 of 2006 concerning ratification of the United Nations

Convention on Anti-Corruption, has not fully provided space for victims in this case the public to

be able to demand compensation, restitution, compensation for corruption cases.

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