Criminal Law Construction of Settlement Fine over Prosecutor's Authority in Economic Crime Cases

DOI

10.2991/978-2-38476-519-5_2How to use a DOI?

Keywords

Construction; Criminal Law; Economic Crime; Fine; Settlement

Abstract

The authority granted to the Prosecutor’s Office for terminating criminal cases through a Settlement Fine (schikking) as outlined in the Prosecutor’s Office Law, a detailed explanation from the standpoint of criminal law and criminal procedure is necessary, otherwise the absence of such regulations may lead to abuses of power and misapplication of the law. This research aims to analyze the current issues surrounding the regulation of settlement fines in Indonesia and subsequently develop their application in economic crime cases to achieve restorative justice and fiscal recovery. This research is doctrinal legal research using a statute approach to designing the law to construct just economic crime law. This study shows, first, Settlement Fine is a non-litigative administrative mechanism outside the court that only applies to minor economic crimes that meet formal qualifications, based on effectiveness, restorative justice, and fiscal recovery, with the termination of the criminal process after compensation is paid, and is implemented by the Prosecutor’s Office through transparent, fair, and accountable procedures. Second, it’s important to construct Settlement Fine law. This perspective is related to normalizing the subject, object, authority of the institution, stages of the proceedings, methods, and conditions for using settlement fines. Thus, the first problem will be resolved by determining specific regulatory recommendations for the use of settlement fines so that legal benefits, certainty, and justice can be achieved.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Suyanto Reksasumarta
AU  - Hartiwiningsih Hartiwiningsih
AU  - Kukuh Tejomurti
PY  - 2025
DA  - 2025/12/29
TI  - Criminal Law Construction of Settlement Fine over Prosecutor's Authority in Economic Crime Cases
BT  - Proceedings of the 3rd International Conference on Law, Economics & good Governance (ICLAW 2025)
PB  - Atlantis Press
SP  - 7
EP  - 20
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-519-5_2
DO  - 10.2991/978-2-38476-519-5_2
ID  - Reksasumarta2025
ER  -