Proceedings of the 4th International Conference on Law, Social Sciences, Economics, and Education, ICLSSEE 2024, 25 May 2024, Jakarta, Indonesia

Research Article

Implementation of Assets Configuration Mechanisms in Corruption Crimes as An Effort to Recover State Losses

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  • @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
Haryo Santoso1,*, Herman Bakir1
  • 1: Universitas Borobudur
*Contact email: dr.haryosantoso@gmail.com

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.