Research Article
Law on Asset Forfeiture as an Effort to Recover State Losses Due to Acts of Corruption
@INPROCEEDINGS{10.4108/eai.25-5-2024.2349470, author={Dannie Chaeruddin and Ahmad Redi}, title={Law on Asset Forfeiture as an Effort to Recover State Losses Due to Acts of Corruption}, 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={code of conduct authorities law}, doi={10.4108/eai.25-5-2024.2349470} }- Dannie Chaeruddin
Ahmad Redi
Year: 2024
Law on Asset Forfeiture as an Effort to Recover State Losses Due to Acts of Corruption
ICLSSEE
EAI
DOI: 10.4108/eai.25-5-2024.2349470
Abstract
Acts of corruption harming state finances seem never-ending. Despite establishing institutions, creating legislation, and supervising law enforcement, corruption persists and even increases, as reported by various institutions. The Financial Transaction Reports and Analysis Center (PPATK) proposed the Asset Forfeiture Bill in 2003 to save state assets, but the DPR rejected it. Consequently, current law enforcement relies on the Criminal Code (KUHP), focusing on prison sentences and fines that are disproportionate to the proceeds of corruption. Effective asset confiscation could use the Anti-Money Laundering Law (TPPU) by seizing all suspected assets and shifting the burden of proof to the defendant. Corruption convicts often control assets despite imprisonment, enabling them to manipulate legal rules. Thus, confiscating and returning stolen assets is essential for public benefit. Normative juridical research shows that Asset Forfeiture legislation could provide a legal basis to combat financial crimes like corruption. It is hoped that the DPR will discuss and ratify this law to achieve the goal of eradicating corruption.