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Corruption is an extraordinary crime for causing losses to the state and violate the rights of social and economic communities. The model used is also increasingly diverse and sophisticated. Corruption has resulted in poverty so that the perpetrators of corruption should be subject to punishment for compensation. Due to the corruption that occurred during this time in addition to harming the country also hamper the continuity of national development. The criminal purpose is for the payment of compensation by weighing possible to convict the criminals that they are a deterrent as well in order to restore the state’s financial loss due to an act of corruption (refer to Article 18 of Law No. 31 of 1999). The main problem raised in this study is why the failure to apply for compensation to the criminal defendant corruption. The purpose of this study was to determine the cause of the failure to apply for compensation to the criminal defendant corruption. To collect the data required in this study conducted interviews/questionnaires containing gives a list of questions studied in accordance with aspects along with literature. The data obtained in the study processed and analyzed by descriptive qualitative, solving will contain data and documents related to this study. The results of this study are: the judge in his decision not to impose criminal defendant payment of compensation to the corruption because the judges weigh under Article 18 of Law No. 31 of 1999 and one by one element in the provision of primary charges that elements of any person, element unlawfully, the element acts to enrich themselves or someone else or a corporation, or a state financial harm element of the country’s economy, the provisions of Article 55 paragraph (1) to-1 of the Criminal Code and the provisions of Article 64 paragraph (1) of the Criminal Code.

TIDAK DIBAYARNYA UANG PENGGANTI OLEH TERDAKWA TINDAK PIDANA KORUPSI DI PENGADILAN TIPIKOR KUPANG