Penyitaan Hasil Korupsi Melalui Non-Conviction Based Asset Forfeiture sebagai Upaya Pengembalian Kerugian Negara

Tantimin, Tantimin

doi:10.14710/jphi.v5i1.85-102

Cited by 4 publications

(5 citation statements)

References 32 publications

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“…Perampasan perdata yang disebut juga non-conviction based forfeiture mengecualikan hukuman terhadap individu atau orang sebagai subjek sebab bertujuan mengubah paradigma "follow the suspect" menjadi "follow the asset" (Siburian & Wijaya, 2022), oleh karena itu harta kekayaan dapat diambil alih meskipun persidangan pidana terhadap pelaku masih berlangsung (Tantimin, 2023). Pada dasarnya, aset adalah objek gugatan, bukan individu.…”

Section: Tinjauan Perampasan Asetunclassified

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Tinjauan Perampasan Aset dalam Tindak Pidana Pencucian Uang dari Perspektif Keadilan

Fuadi,

Putri,

Raharjo

2024

JPHK

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Money laundering is a crime that harms the public interest, causes economic instability in a country, and is more dangerous than corruption because tracking money flow from money laundering will be more difficult. When considering the impact, asset forfeiture is vital since it employs a "follow the money" strategy. This study reviews asset forfeiture in money laundering from the perspective of justice. This study is a normative or doctrinal research, also called dogmatic research, with a conceptual and statutory approach. The study shows that asset forfeiture in money laundering has been regulated in Indonesia as criminal forfeiture based on the Criminal Code and Criminal Procedure Code, civil forfeiture, and administrative forfeiture based on the PPTPPU Law. However, in its regulation and implementation, there are still legal loopholes that criminals can use to hide the proceeds of their crimes, so it has not provided a sense of justice and is detrimental to the state and society as victims of money laundering. Based on the perspective of justice rooted in the principle of fundamental justice, crime should not benefit the perpetrators. This perspective underlies the need to expand the scope of asset forfeiture arrangements, especially civil/in rem forfeiture, by reformulating the provisions in the PPTPPU Law. Furthermore, broadening coverage can be achieved by enacting laws that govern asset forfeiture. This legislation should encompass not only assets held in the user accounts of financial service providers but also all assets connected to criminal activity. Protecting good faith third parties is necessary to enhance the society and state's sense of fairness.

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Section: Tinjauan Perampasan Asetunclassified

“…Terakhir yaitu perampasan aset administratif yaitu perampasan aset yang dilakukan oleh suatu lembaga tanpa adanya campur tangan pengadilan (Kanin, Ablisar, Mulyadi, & Leviza, 2019). Perampasan administrasi merupakan prosedur perampasan aset yang memungkinkan negara memperoleh aset tanpa melibatkan lembaga yudisial (Tantimin, 2023).…”

Section: Tinjauan Perampasan Asetunclassified

Tinjauan Perampasan Aset dalam Tindak Pidana Pencucian Uang dari Perspektif Keadilan

Fuadi,

Putri,

Raharjo

2024

JPHK

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“…In practice, this mechanism has been used in various crimes, such as drugs and money laundering. However, asset confiscation is still not effective as a way or tool to recover state losses, both criminally and civilly, especially in cases covered by the Corruption Law (Tantimin, 2023).…”

Section: Mechanism Of Asset Confiscation Of Corruption In Indonesiamentioning

confidence: 99%

Reform of Corruption Criminal Law: a Study of Corruptor Asset Application Law in Indonesia

Soedirjo,

Santiago,

Jaya

2023

JOSR

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The development of a new criminal law system in Indonesia still aims to reveal the crimes committed, find the perpetrators, and punish them with criminal sanctions, especially "corporate punishment", which includes imprisonment and the death penalty. Meanwhile, the issue of international law development, such as the issue of confiscation of proceeds of crime and tools of crime2, has not become an important component in the Indonesian criminal law system. The purpose of this study is to determine the extent to which the reform of corruption criminal law can be carried out, especially in terms of asset forfeiture of corruptors. The research method used is normative research with a legal approach and conceptual approach. The reform of corruption criminal law must provide a clear definition of asset forfeiture of corruptors. The definition must include various types of assets, both tangible and intangible, which are illegally obtained through acts of corruption. The research method used is normative research with a legal approach and conceptual approach. The results of the discussion show that the reform of corruption criminal law regarding the seizure of corrupt assets can strengthen corruption eradication efforts and improve the existing seizure mechanism. The legal reforms carried out include Law Number 31 of 1999 concerning Eradication of Corruption (PTPK Law); Law Number 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes (TPPU Law); Presidential Instruction Number 3 of 2018 concerning Increasing the Role and Optimizing Community Participation in Corruption Eradication; Government Regulation Number 13 of 2021 concerning Procedures for Forfeiture of Corruption Proceeds.

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“…However, deep [15] It is known that until now regulations regarding asset recovery have not been ratified by the government. [16] Regarding the punishments carried out in [17] say that the restorative justice approach related to the criminalization of corruption perpetrators can actually be carried out with the norm of returning the state where previously as an additional crime became the main crime coupled with the existence of a mechanism for recovering from the actions taken. Proved [18] there is an urgent need for Indonesia to have a law related to asset recovery.…”

Section: Introductionmentioning

confidence: 99%

Legal Construction of Asset Recovery for Crime of Corruption in Indonesia

Cahyani,

Salmah

2024

KSS

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Indonesia has made efforts to prevent and eradicate criminal acts. However, the reality is that corruption is still a problem in Indonesia. Corruption occurs in various aspects of state life and institutions, not only central government institutions but also regional governments. Corruption has bad impacts ranging from lowering the level of people’s welfare, destroying morality, and the foundations of national resilience. As time goes by, acts of corruption are carried out in various ways and are increasingly organized. More strategic efforts are needed to deal with this because corruption does not only talk about criminal acts and the perpetrators but is also related to the results of that corruption. The first question is how is corruption in Indonesia today? Second, what is the proper legal reconstruction to deal with it? Then to answer these problems, this research was made using an analytical descriptive method and a normative juridical approach by adding a set of data, one of which was from the n Vivo application. According to this study, there is still a lot of corruption in Indonesia, and because the state must also receive the benefits of criminal acts of corruption, there is a need for special rules that can carefully monitor in order to carry out asset recovery. Keywords: construction, corruption asset recovery

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Penyitaan Hasil Korupsi Melalui Non-Conviction Based Asset Forfeiture sebagai Upaya Pengembalian Kerugian Negara

Cited by 4 publications

References 32 publications

Tinjauan Perampasan Aset dalam Tindak Pidana Pencucian Uang dari Perspektif Keadilan

Tinjauan Perampasan Aset dalam Tindak Pidana Pencucian Uang dari Perspektif Keadilan

Reform of Corruption Criminal Law: a Study of Corruptor Asset Application Law in Indonesia

Legal Construction of Asset Recovery for Crime of Corruption in Indonesia

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