Research Article
The Urgency of Implementing Non-Conviction-Based Asset Forfeiture in Combating Green Financial Crimes in Indonesia
@INPROCEEDINGS{10.4108/eai.27-7-2022.2326300, author={Rahmi Dwi Sutanti and Pujiyono Pujiyono and Nur Rochaeti}, title={The Urgency of Implementing Non-Conviction-Based Asset Forfeiture in Combating Green Financial Crimes in Indonesia}, proceedings={Proceedings of the 1st International Workshop on Law, Economics and Governance, IWLEG 2022, 27 July 2022, Semarang, Indonesia}, publisher={EAI}, proceedings_a={IWLEG}, year={2023}, month={1}, keywords={green financial crime money laundering environment}, doi={10.4108/eai.27-7-2022.2326300} }- Rahmi Dwi Sutanti
Pujiyono Pujiyono
Nur Rochaeti
Year: 2023
The Urgency of Implementing Non-Conviction-Based Asset Forfeiture in Combating Green Financial Crimes in Indonesia
IWLEG
EAI
DOI: 10.4108/eai.27-7-2022.2326300
Abstract
The Republic of Indonesia's environmental wealth has been given legal protection under the Constitution to ensure its population can live prosperous lives. In order to maintain biological sustainability from challenges posed by internal and external natural forces, the environment must be constitutionally protected. The emergence of environmental crimes, particularly green financial crimes, is one of these threats. This essay examines prospects for using non-conviction-based asset forfeiture in addressing green financial crimes in Indonesia and analyzes criminal law policies. It does so using a normative juridical writing method. The discussion's findings indicate that Law Number 8 of 2010, concerning the prevention and eradication of the crime of money laundering, is a tool for combating green financial crimes in Indonesia. However, there are still challenges that prevent the maximum amount of action from being taken, primarily concerning the seizure of the offender's assets. Indonesia has a significant chance to regulate non-conviction-based asset forfeiture in more detail and with greater clarity to combat green financial crimes. Since the rule is now only limited if the defendant passes away before being found guilty and there is adequate evidence to convict him or her. This mechanism will help prevent green financial crimes as much as possible.