Research Article
Implementation of Assets Configuration Mechanisms in Corruption Crimes as An Effort to Recover State Losses
@INPROCEEDINGS{10.4108/eai.25-5-2024.2349469, author={Haryo Santoso and Herman Bakir}, title={Implementation of Assets Configuration Mechanisms in Corruption Crimes as An Effort to Recover State Losses}, proceedings={Proceedings of the 4th International Conference on Law, Social Sciences, Economics, and Education, ICLSSEE 2024, 25 May 2024, Jakarta, Indonesia}, publisher={EAI}, proceedings_a={ICLSSEE}, year={2024}, month={8}, keywords={mechanism return of assets corruption}, doi={10.4108/eai.25-5-2024.2349469} }- Haryo Santoso
Herman Bakir
Year: 2024
Implementation of Assets Configuration Mechanisms in Corruption Crimes as An Effort to Recover State Losses
ICLSSEE
EAI
DOI: 10.4108/eai.25-5-2024.2349469
Abstract
Efforts to eradicate corruption include arresting perpetrators, imposing criminal sentences, and recovering state losses by seizing assets from corrupt individuals. This involves locating both suspects and their assets. This writing aims to: (1) explain the procedure for seizing assets of those who have committed corruption, and (2) determine if assets not obtained through corruption can be seized. An observational juridical approach is used, with essential data from examiner's agents, and secondary data from laws on corruption, money laundering, the Criminal Procedure Code, and the Criminal Code. Books and journals provide tertiary data. Research findings show two ways to confiscate assets: criminal channels (in personam forfeiture) and civil channels (in rem forfeiture). Assets not obtained through corruption may still be seized if the perpetrator's actions harmed state finances and must be held accountable.